BURUNDI

Case N° BDI/01 - SYLVESTRE MFAYOKURERA Case N° BDI/02 - NORBERT NDIHOKUBWAYO Case N° BDI/03 - LEONIDAS NTIBAYAZI Case N° BDI/04 - FREDERIC BANVUGINYUNVIRA Case N° BDI/05 - INNOCENT NDIKUMANA

Resolution adopted without a vote by the Inter-Parliamentary Council at its 158th session
(Istanbul, 20 April 1996)

The Inter-Parliamentary Council,

Referring to the outline of the cases, as contained in the report of the Committee on the Human Rights Parliamentarians (CL/158/13(a)-R.1), and to the resolutions adopted at its 157th session (October 1995), concerning the situation of Mr. Mfayokurera, Mr. Ndihokubwayo, Mr. Ntibayazi and Mr. Banvuginyunvira, of Burundi,

Having before it the case of Mr. Innocent Ndikumana, an incumbent member of the National Assembly of Burundi, and a member of the national directorate of the FRODEBU party, which has been the subject of a study and report of the Committee on the Human Rights of Parliamentarians, in accordance with the "Procedure for the examination and treatment by the Inter-Parliamentary Union of communications concerning violations of human rights of parliamentarians",

Considering that Mr. Innocent Ndikumana was attacked and killed by a gang of Tutsi militia on 16 December 1995; that he was reportedly stoned to death and his corpse placed in the boot of his car,

Considering that Mr. Ndikumana reportedly participated in the work of the National Commission on Defence and Security; that shortly before he was murdered he is said to have opposed within that Commission the proposals regarding the budget for the military, and that he drew heavy criticism from the military officer presenting the relevant proposal to the Commission,

Taking into consideration the information provided by the sources on 12 December 1995 and on 8 and 12 January 1996,

Taking also into consideration the information provided by the Prime Minister by letter dated 12 February 1996,

Taking further into account information provided by the Prosecutor General and conveyed by the delegation of Burundi to the 95th Inter-Parliamentary Conference (Istanbul, April 1996),

Recalling that Mr. Mfayokurera was assassinated on 10 August 1994; that Mr. Ndihokubwayo, Mr. Banvuginyunvira and Mr. Ntibayazi were seriously injured in the assassination attempts carried out against them in September 1994, September 1995 and February 1995, respectively; that Mr. Ndihokubwayo, fearing for his life, had to leave the country,

Recalling that, according to the sources, no serious investigation of these crimes has so far been undertaken; recalling in particular that the attackers of Mr. Ndihokubwayo were arrested and imprisoned, though later released by the investigating magistrate; that a disciplinary sanction against the magistrate had to be withdrawn on account of a sympathy strike by the entire magistrature,

Considering that, in his letter of 12 February 1996, the Prime Minister stated that his Government was doing its utmost to end the impunity which had reigned in the country since October 1993; that the Government had just established jurisdictions consisting of career magistrates and assessors selected from the various population groups, chosen for their integrity and sterling reputation, and that these jurisdictions had been established with each Court of Appeal and were vested with sole competence to try violent and related crimes,

Considering that, according to him, the situation regarding the investigations into the crimes in question appeared satisfactory from the reports which had been submitted to him by the relevant departments, and investigations aimed at punishing the authors of these crimes had been opened and were regularly updated; at the present stage, the possibility of leaving the cases with the Criminal Chamber from the very first hearings onwards was being considered,

Considering that, according to information supplied by the Prosecutor General and conveyed by the Burundi delegation to the 95th IPU Conference, the stage reached in the relevant investigations is as follows:

(i) regarding the case of Mr. Mfayokurera and Mr. Ndihokubwayo, the police, after a number of episodes, arrested a man in the city of Gitega suspected of involvement in these crimes and the Prosecutor General believes that his arrest will facilitate progress in the relevant investigations;

(ii) regarding the case of Mr. Ndikumana, persons suspected of the murder have been identified; however, they have fled from their homes and are probably in a neighbouring country; the police has issued arrest warrants;

(iii) as regards the case of Mr. Ntibayazi and Mr. Banvunginyunvira, the Prosecutor General affirms that he has never received any complaint of criminal acts perpetrated against these deputies,

Bearing in mind that the United Nations Special Rapporteur on Burundi, in his latest report to the United Nations Commission on Human Rights (E/CN.4/1996/16), stated that, despite the undertakings given by the State of Burundi, complete impunity was still enjoyed in the country, and that he was forced to note that there was no likelihood of any improvement in the situation,

Also bearing in mind the Special Rapporteur's view that the inertia and even complicity or inaction of broad segments of the ruling classes in Burundi and the criminal responsibility of extremists groups of all ethnic origins, both inside and outside the country, were parallelled by the regrettable passiveness and lethargy of the international community in assisting the democratic forces and moderate political elements in the country,

Recalling in this connection that the National Assembly of Burundi, in a climate of general insecurity and fear, has been convening and working despite the threats to their personal security hanging over many of its members,

Finally bearing in mind that the United Nations has set up a voluntary fund to facilitate the deployment of additional human rights monitors as demanded by the United Nations Commission on Human Rights,

1. Thanks the Prime Minister for the information he provided and trusts that it may count on his future co-operation;

2. Deplores that the Head of the National Police (Constabulary), under whose authority the investigations into the crimes committed against the members of Parliament in question are being conducted, has not replied to the repeated requests for information addressed to him;

3. Takes note with interest of the information supplied by the Prosecutor General and conveyed by the Burundi delegation to the 95th Inter-Parliamentary Conference;

4. Expresses its outrage at the continued violence which has claimed the life of yet another member of the National Assembly, Mr. Innocent Ndikumana;

5. Notes that, according to the Prime Minister, the situation regarding the investigations into these crimes appears satisfactory; that investigations have been opened and are regularly updated and that the cases may be left with the Criminal Chamber from the very first hearings onwards;

6. Is surprised, however, in view of the scant information supplied by the Prosecutor General, that this may be considered satisfactory;

7. Recalls in this connection that in the case of Mr. Ndihokubwayo the attackers had already been arrested and imprisoned but were released by the investigating magistrate;

8. Fails to understand the Prosecutor General's reasoning that he did not institute any investigation into the attempts on the lives of Mr. Ntibayazi and Mr. Banvuginyunvira for want of a complaint, since it is the duty of a Prosecutor General to institute ex officio investigations into criminal acts;

9. Urges the Prosecutor General also to initiate diligent investigations into the attempts on the lives of these two MPs;

10. Wishes to ascertain when the first hearings of the cases in question, referred to in the letter of the Prime Minister, will take place;

11. Would appreciate receiving a copy of the reports of the relevant departments from which it can be inferred that the situation appears to be satisfactory;

12. Reiterates once again in the strongest terms that every State has a duty to protect the security of its citizens and that, therefore, the Burundi authorities have a duty, under national and international law, to ensure that violations of the right to life and security of every citizen do not remain unpunished;

13. Insists that the competent authorities should fulfil their duties under national and international law and ensure that the fullest light is shed on the murders of Mr. Mfayokurera and Mr. Ndikumana and the attempts on the lives of Mr. Ndihokubwayo, Mr. Banvuginyunvira and Mr. Ntibayazi, and on the murder of the latter's wife and daughter, by means of expeditious and thorough inquiries;

14. Forcefully recalls that impunity constitutes a serious threat to democracy and human rights by encouraging culprits to persist in their wrongdoing;

15. Re-emphasizes that, in accordance with generally accepted standards of human rights, the victims and their families are entitled to adequate material compensation in the event of such tragedies;

16. Recalls that Burundi as a party to the International Covenant on Civil and Political Rights and to the African Charter on Human and Peoples' Rights is bound to ensure respect for the rights and freedoms guaranteed therein;

17. Requests the Secretary General to resume contact with the competent authorities and to convey these concerns to them, including direct representations to the Prime Minister and the Minister for Human Rights, urging them to ensure that the State officials under their authority fulfil their duties under national and international law;

18. Also requests the Secretary General to continue his efforts to assist Mr. Ndihokubwayo and his family in obtaining asylum in an appropriate African country and urges National Groups to extend their co-operation in this regard;

19. Further requests the Secretary General to maintain contact with the United Nations bodies and commissions dealing with the human rights situation in Burundi in order to inform them of the Council's and the Committee's work on these cases;

20. Calls on National Groups to make every effort to ensure that the United Nations voluntary fund recently established to permit the deployment of additional human rights monitors in the country is adequately funded;

21. Also calls on National Groups to do everything possible to give support to the National Assembly of Burundi as an act of parliamentary solidarity towards colleagues who, in seeking to fulfil their parliamentary duties, are permanently risking their lives;

22. Requests the Committee on the Human Rights of Parliamentarians to continue examining the cases and to report to it at its next session (September 1996).