CASE N° BDI/01 - Sylvestre Mfayokurera
CASE N° BDI/05 - Innocent Ndikumana
CASE N° BDI/06 - Gérard Gahungu
CASE N° BDI/07 - Bibiane Ntamutumba
CASE N° BDI/29 - Paul Sirahenda
CASE N° BDI/02 - N. Ndihokubwayo
CASE N° BDI/03 - L. Ntibayazi
CASE N° BDI/04 - F. Banvuginyunvira
CASE N° BDI/08 - A. Nahindavyi Ndanga
CASE N° BDI/09 - I. Kubwayo
CASE N° BDI/10 - S. Nsabuwanka
CASE N° BDI/11 - I. Bapfeguhita
CASE N° BDI/12 - P. Nizigire
CASE N° BDI/13 - P. Burarame
CASE N° BDI/14 - S. Biyombera
CASE N° BDI/15 - J. Ndenzako
CASE N° BDI/16 - D. Serwenda
CASE N° BDI/17 - A. Ntirandekura
CASE N° BDI/18 - D. Bigirimana
CASE N° BDI/19 - T. Sibomana
CASE N° BDI/20 - T. Bukuru
CASE N° BDI/21 - S. Murekambanze
CASE N° BDI/22 - G. Nduwimana
CASE N° BDI/23 - C. Manirambona
CASE N° BDI/24 - S. Ntakhomenyereye
CASE N° BDI/25 - D. Ngarukirinka
CASE N° BDI/27 - N. Ntahomukiye
CASE N° BDI/28 - C. Bucumi
CASE N° BDI/30 - A. Kirara
CASE N° BDI/31 - J.-P. Ntimpirongrea

CASE N° BDI/26 - Nephtali Ndikumana
CASE N° BDI/33 - Augustin Nzojibwami

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 163rd session (Moscow, 12 September 1998)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/163/12(a)-R.1), and to the resolution adopted at its 162nd session (April 1998) concerning the case of the above-mentioned parliamentarians,

Taking into consideration the information provided by the Permanent Mission of Burundi to the United Nations Office at Geneva, dated 19 June 1998,

Also taking into consideration the information supplied by one of the sources on 14 August 1998,

Recalling that the National Assembly, which was suspended following the military coup d'Etat of 25 July 1996, was re-established by virtue of Decree-Law N° 1/001/96 of 13 September 1996, albeit with considerably curtailed powers,

Considering that, after having been unable to meet for some time, the Assembly held a regular session in autumn 1997 at which talks with the Government on the peace process were opened and resulted, on 6 June 1998, in the conclusion by the President of the Republic, Major Buyoya, and the President of the National Assembly, Mr. Ngendakumana, of an " Agreement on the Political Platform of the Transitional Regime " and the " Transitional Constitutional Act "; that, under Article 3 of the latter, the transitional institutions are in particular entrusted with " combating impunity for crimes and promoting equitable and reconciliatory justice "; that according to Article 95 the National Assembly, which now has 81 members, " shall be enlarged to include representatives of the other political parties not represented in it and representatives of civil society to form a Transitional Assembly of 121 members ",

Considering that Mr. Frédéric Banvuginyunvira, President of the FRODEBU parliamentary group, has been appointed First Vice-President of the Republic,

Considering that the National Assembly undertook steps to encourage the MPs in exile to return to the country and participate in the work of the new Assembly; that, according to the sources, some of them were ready to do so and that one of them succeeded in returning to Burundi by her own means,

Considering that, however, according to one of the sources, all MPs in exile were stripped of their mandates, even the returnee; considering that, according to the President of the National Assembly, by virtue of a decision of the Constitutional Court they were not stripped of their mandates but are now ranked as substitutes; that, according to the President, those who return will be placed on the list of substitutes,

Recalling that Mr. Mfayokurera, Mr. Ndikumana, Mr. Gahungu and Ms. Ntamutumba, all of whom were elected in 1993 on a FRODEBU ticket, were assassinated on 20 August 1994, 16 December 1995 and in April and May 1996, respectively; also recalling the failed attempts on the lives of Mr. Ndihokubwayo, Mr. Banvuginyunvira and Mr. Ntibayazi in September 1994, February 1995 and September 1995, respectively; recalling further the " disappearance " of Deputy Sirahenda on 1 August 1997,

Recalling that all these crimes have remained unpunished to date and that, according to the authorities, the case of Mr. Gahungu and Ms. Ntamutumba has been shelved; recalling also, that in the case of Mr. Ndihokubwayo the attackers had reportedly been arrested but were released later by the judge,

Recalling in this connection that, in his letter of 26 March 1998, the Minister of Human Rights, Institutional Reform and Relations with the National Assembly stated that the committee set up to investigate the murder of Mr. Sirahenda was receiving scant co-operation from parliamentarians, who claimed that he and his driver had been killed by the military; that, as a result, little progress had been made in the investigations and that " it would be fitting for the National Assembly to work more closely with the judicial services to make them more effective ",

Considering in this connection that, according to the President of the National Assembly, the Assembly's members were co-operating with the judiciary whenever possible and necessary; that, however " enthusiasm readily gives way to discouragement "; that the Assembly had conveyed to the Prosecutor General information on the murders of Mr. Gahungu and Ms. Ntamutumba and " one wonders what Justice has been doing about it up to now ",

Recalling lastly the judicial proceedings under way against Mr. Nzojibwami, Secretary General of FRODEBU, and the sentence handed down on Mr. N. Ndikumana,

  1. Thanks the President of the National Assembly for his co-operation and the information he provided;
  2. Welcomes the conclusion of the " Agreement on the Political Platform of the Transitional Regime " and the " Transitional Constitutional Act " and earnestly hopes that the political resolve thus shown will produce substantial progress towards national reconciliation and the advent of a genuinely democratic regime;
  3. Notes that, according to the President of the Assembly, should the FRODEBU MPs in exile return, they will be readmitted to the Assembly as substitutes whereas, according to one of the sources, they have all been stripped of their mandates; would appreciate clarification in this respect;
  4. Remains convinced that the fight against impunity, which is one of the priorities of the transition regime, would most clearly reflect the resolve of the authorities to re-establish the rule of law;
  5. Wishes to be informed of any progress made in the investigations into the murder of Mr. Sirahenda and the attack on Mr. Ndihokubwayo; would also appreciate information as to the use made of the information provided by the National Assembly to the competent authorities on the murder of Ms. Ntamutumba and Mr. Gahungu;
  6. Wishes to ascertain the stage reached in the judicial proceedings still under way against Mr. Nzojibwami; also reiterates its wish to be informed of the facts adduced to substantiate the charges laid against him under Article 413 of the Burundi Penal Code;
  7. Reiterates the considerations it expressed in its previous resolution regarding the judgment handed down on Mr. Ndikumana; also reiterates its wish to receive a copy of the relevant indictments and the judgment;
  8. Notes that Mr. Banvuginyunvira has been appointed First Vice-President of the Republic and has not expressed a desire to have the Committee further examine his case, and consequently decides to close it;
  9. Requests the Secretary General to convey this decision to the competent authorities and to maintain contact with the United Nations bodies and commissions dealing with the human rights situation in Burundi;
  10. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (April 1999).

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