BURUNDI

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/08 - A. Nahindavyi Ndanga CASE N° BDI/09 - I. Kubwayo 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 165th session (Berlin, 16 October 1999)

The Inter-Parliamentary Council,

Referring to the outline of the case of the above-mentioned parliamentarians of Burundi, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/165/12(b)­R.1), and to the relevant resolution adopted at its 164th session (April 1999),

Taking note of a communication from the Minister of Justice dated 9 August 1999 and of a communication from the Minister for Human Rights, Institutional Reforms and Relations with the National Assembly of Burundi, dated 8 July 1999, in which he promises to send the requested information and gives assurances of his willingness to cooperate with the Committee regarding the cases in question; noting, however, that there has been no further response from him,

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 and Mr. Ntibayazi in September 1994 and September 1995, respectively; recalling further the "disappearance" on 1 August 1997 of Deputy Sirahenda, who, according to eyewitness reports, was abducted by military personnel in the market town of Mutobo and taken to Mabanda camp, where he is alleged to have been extrajudicially executed,

Considering that, according to information supplied by the Minister of Justice on 9 August 1999, the investigations into the murder of Ms. Ntamutumba and the "disappearance" of Mr. Sirahenda are still under way but it would seem that "the trails are hard to identify”; that he further stated that no investigation had been started into the murder of Mr. Ndikumana and Mr. Gahungu,

Recalls in this connection the information supplied previously by the authorities that the file on Mr. Innocent Ndikumana (RMPG 1548/Si) was pending before the Criminal Chamber of the Bujumbura Court and would be heard publicly for the first time on 5 May 1999; that, however, the accused was at large; that the file on Mr. Gahungu (RMPG 1378/NT.T) was still pending and would soon be heard in open court,

Recalling that, according to the authorities, the investigations into the murders of Mr. Mfayokurera and Ms. Ntamutumba have been shelved,

Recalling also that Mr. Ndihokubwayo escaped several attempts on his life and was forced into exile; that his attackers were arrested but later released by the judge,

Considering that Mr. Nephtali Ndikumana was found guilty in absentia on 7 March 1997 of incitement to ethnic hatred for having, in May 1994, on behalf of his party, made a statement alleging massacres and ethnic cleansing of FRODEBU supporters; recalling in this connection that the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions denounced alleged violations of human rights by the army in his report to the 52nd session of the United Nations Commission on Human Rights,

Recalling that, according to information supplied earlier by the President of the National Assembly, three cases were pending against Mr. Nzojibwami, Second Vice-President of the National Assembly, namely one offence relating to Mr. Nzojibwami's statements on the BBC denouncing the policy of forced regrouping of the population into what he called concentration camps, the second to a military uprising in the province of which he was Governor at that time and of which he was reportedly aware, and the third to the election of a person in exile, Mr. Minani, to the presidency of FRODEBU at its Congress in 1997,

Considering that, according to the Minister of Justice, Mr. Nzojibwami was acquitted on 9 October 1999 in one of the cases, whereas he was found guilty in another and sentenced to a fine which he has already paid, and the third case was currently being tried,

Considering that, according to the Burundi delegation to the 102nd IPU Conference, Mr. L. Ntibayazi, Mr. P. Burarame, Mr. S. Biyombera, Mr. D. Bigirimana, Mr. T. Bukuru, Mr. D. Ngarukirinka and Mr. N. Ntahomukiye returned from exile and have resumed their parliamentary activities,

Bearing in mind that, according to the "Agreement on the Political Platform of the Transition Regime" and the "Constitutional Act of Transition" of 6 June 1998, the transitional institutions are in particular entrusted with combating impunity for crimes and promoting equitable and reconciliatory justice; mindful in this connection of the recommendation made by the United Nations Special Rapporteur on the human rights situation in Burundi in his report to the 53rd session of the General Assembly (A/53/490) emphasising "the imperative need to formulate adequate strategies for ending impunity ...",

1. Thanks the Minister of Justice for the information he supplied; regrets, however, that the Minister for Human Rights, Institutional Reforms and Relations with the National Assembly has failed to respond;
2. Remains perplexed at the contradictory information supplied by the authorities about the investigation into the murder of Mr. I. Ndikumana and Mr. G. Gahungu, and would appreciate notification of the true state of affairs;
3. Deeply regrets that the investigations into the other cases of murder and attempted murder have been unavailing although, in the case of Mr. Ndihokubwayo, the attackers are known since they had been arrested and, in the case of Mr. Sirahenda, there are many eyewitnesses of his kidnapping;
4. Forcefully recalls that the fight against impunity is a prerequisite for full restoration of the rule of law and respect for human rights in the country;
5. Would appreciate detailed information on the case in which Mr. Nzojibwami was acquitted, that in which he was found guilty and that still pending;
6. Deeply regrets that Mr. Nephtali Ndikumana was found guilty and sentenced to three years' imprisonment on account of a statement he made as a member of Parliament and Vice-President of the parliamentary group of his party, in which he denounced criminal acts that were also denounced by a competent United Nations Special Rapporteur; firmly recalls that members of Parliament require freedom of expression to fulfil their oversight function and to denounce without fear of prosecution, in particular of imprisonment, possible exactions or malfunctions of the Executive;
7. Wishes to ascertain whether Parliament could contemplate granting an amnesty for cases such as that of Mr. Ndikumana;
8. Notes that Mr. L. Ntibayazi, Mr. P. Burarame, Mr. S. Biyombera, Mr. D. Bigirimana, Mr. T. Bukuru, Mr. D. Ngarukirinka and Mr. N. Ntahomukiye have returned from exile and resumed their parliamentary activities, and consequently decides to close the file regarding them;
9. Requests the Secretary General to convey this decision to the competent authorities and seek the requested information;
10. Requests the Committee on the Human Rights of Parliamentarians to continue examining the other cases and report to it at its next session (April-May 2000).

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