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BURUNDI

CASE N° BDI/01 - S. Mfayokurera
CASE N° BDI/02 - N. Ndihokubwayo
CASE N° BDI/03 - L. Ntibayazi
CASE N° BDI/05 - I. Ndikumana
CASE N° BDI/06 - G. Gahungu
CASE N° BDI/07 - B. Ntamutumba
CASE N° BDI/26 - N. Ndikumana
CASE N° BDI/29 - P. Sirahenda
CASE N° BDI/35 - G. Gisabwamana

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 168th session (Havana, 7 April 2001)


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/168/12(c)?R.1), and to the relevant resolution adopted at its 167th session (October 2000),

Recalling that Mr. Mfayokurera, Mr. Ndikumana, Mr. Gahungu, Ms. Ntamutumba and Mr. Gisabwamana were assassinated on 20 August 1994, 16 December 1995, in April and May 1996 and on 20 December 1999, respectively; also recalling the failed attempts on the lives of Mr. Ndihokubwayo and Mr. Ntibayazi in September 1994 and February 1995, respectively; recalling further the "disappearance" on 1 August 1997 of Deputy Sirahenda, who is alleged to have been extrajudicially executed in Makamba camp; recalling finally that Mr. L. Ndikumana was subjected to judicial proceedings and is at present in exile,

Taking account of the communication from the President of the National Assembly dated 6 February 2001, in which he states that there has been no progress in the files concerned, specifying in that connection that "most assassinations of parliamentarians have not been the subject of judicial investigations. The overall political and security situation at the time of the assassinations was such that the police services could not really operate properly. Itself weakened and hampered by the crisis in several respects, the judicial machine was no match for that criminality directed against the parliamentarians and many other public figures. At present, these cases have very little chance of being successfully investigated owing to the time that has elapsed since the facts and the general situation"; according to his letter, there has been no investigation of the assassinations of Ms. Ntamutumba and Mr. Sirahenda,

Taking account of the communication from the Minister of Human Rights, Institutional Reforms and Relations with the National Assembly dated 19 January 2001, which makes it possible, in the light of the material on file, to determine the stage reached in the investigations into the crimes against the MPs in question:

  • The murder in August 1994 of Mr. Mfayokurera: a case was opened under RMPG N° 1427/NA; a certain Parfait Havyarimana was suspected, his name having been mentioned in a report drafted by a judicial police official in relation to the massacres committed in Bwiza and several other sites; however, as the suspect Havyarimana denied any implication in the crime and in the absence of witnesses, the investigating magistrate "shelved the case pending new evidence";
  • The attempts on the life of Mr. Ndihokubwayo (September 1994 and December 1995): according to the sources, the assailants in the first attempt were arrested and imprisoned but subsequently released by the investigating magistrate; in April 1997, the authorities also designated Parfait Havyarimana as a suspect in that case; in January 2001, the Minister of Human Rights stated that Mr. Havyarimana's name was also in the above-mentioned report as a suspect in the attempt in question but that he had denied any responsibility; however, there were other suspects in that case who "had not yet been located but the inquiry remained open"; no information had been provided on the attempt on the life of Mr. Ndihokubwayo in December 1995, which forced Mr. Ndihokubwayo and his family into exile;
  • The murder in May 1996 of Ms. Ntamutumba: according to the Minister of Human Rights, the crisis was at its peak in Cibitoke province at the time of the murder of Ms. Ntamutumba in May 1996, and "neither the Public Prosecutor's Office nor the Court of major jurisdiction were functioning; neither the Prosecutor nor his deputy were there, the judges had fled and no institution was in operation"; the police had difficulty directing their investigations "but the investigation remains open";
  • The murder in December 1995 of Mr. Innocent Ndikumana: the file of the presumed murderers was registered under RMPG 1548/SI with the Office of the Prosecutor to the Court of Appeal; it was then referred to the assize chamber of Bujumbura Court on 25 June 1997 under N° RCC 801; the accused numbered three; at the last hearing on 18 May 1999, the judges decided to refer the case back to the Prosecutor's Office for additional investigation; the accused are at large and "the courts had not yet been able to apprehend them";
  • The attempt on the life of Mr. L. Ntibayazi in early February 1995: the judicial authorities have reported on several occasions that no investigation is under way as no complaint has been lodged;
  • The murder in April 1996 of Mr. Gahungu: according to information provided by the authorities in May 2000, the case has been provisionally suspended sine die "for want of incriminating evidence"; in January 2001, the Minister of Human Rights promised to send information on this case "very shortly";
  • The disappearance in August 1997 of Mr. Sirahenda: according to the sources, eyewitness accounts of his abduction in a military jeep exist; according to the authorities, a special commission of inquiry was set up by the Prosecutor General to establish the truth; according to information supplied by the Minister of Human Rights on 19 January 2001, Mr. Sirahenda was murdered in Makamba; the investigation was opened by the Prosecutor's Office in Makamba in January 1998; "the commission of inquiry has encountered difficulties because the felony was committed in a region that was constantly destabilised by the activities of the genocidal groups";; two persons who witnessed the abduction of Mr. Sirahenda and were subsequently summoned to appear "have never been found in order that they may give information";
  • The murder in December 1999 of Mr. Gisabwamana: a commission of inquiry found that he had been killed by a member of the armed forces; a file on the presumed culprit was opened by the Military Office, which referred it to the Military Court on 21 May 2000,

Recalling that, according to the information provided by the President of the National Assembly in September 1998, the Assembly transmitted to the Prosecutor General information on the murders of Mr. Gahungu and Ms. Ntamutumba and also cooperated with the judiciary in order to elucidate the disappearance and murder of Mr. Sirahenda,

Considering that, according to one of the sources, a soldier from Makamba camp who deserted is said to have confirmed that he could one day testify to the horrendous manner in which Mr. Sirahenda was killed in that military camp while the camp commander looked on nonchalantly,

Considering further that, according to one of the sources, one of the persons who fired on Mr. Ndihokubwayo in September 1994 obtained a passport issued by the immigration services of the present Government under a false name and is at present in the Netherlands, where he is reportedly seeking asylum; with regard to the attempt on the life of Mr. Ndihokubwayo in December 1995, which forced him to flee Burundi with his family, it is apparently the case that no investigation has been launched; when he was in hiding preparing for his departure, his domestic servant is said to have been arrested and detained by the Special Research Bureau (BSR) and tortured for a week to get him to reveal Mr. Ndihokubwayo's hiding place; he was reportedly released when the Bureau learnt that Mr. Ndihokubwayo had already left the country,

Considering that, with regard to the prospects of an amnesty for Mr. Nephtali Ndikumana, the Minister of Human Rights states in his letter of 19 January 2001 that "if the political authorities were to decide tomorrow to grant an amnesty in connection with the implementation of the Arusha Agreements, this measure would be welcome and would benefit both the Honourable Nephtali Ndikumana and all Burundians in the same situation",

Considering that, with regard to the possibilities of securing compensation for the families of the parliamentarians concerned, the Minister stated in the aforesaid letter that "the Burundian State has an obligation to compensate any victim when he or she is able to prove the responsibility of the State or its agents … however, in the cases [in question], nothing has come to light proving the responsibility of the State or its agents, even in the case of Paul Sirahenda …",

Bearing in mind that, under the "Agreement on the Political Platform of the Transition Regime" and the "Constitutional Act of Transition" of 6 June 1998, the transitional institutions were assigned, in particular, the task of combating impunity and promoting equitable and reconciliatory justice; mindful of the resolution adopted by the United Nations Commission on Human Rights at its 56th session (March/April 2000) in which it requests the Government of Burundi to put an end to impunity,

  1. Thanks the President of the National Assembly and the Minister of Human Rights, Institutional Reforms and Relations with the National Assembly for the information they have provided and for their cooperation;

  2. Notes that the information provided by the authorities confirms the evidence on file, namely that the investigations into the crimes in question are at a standstill or have not been initiated and that in only one case, that of Mr. Gisabwamana, have the authorities succeeded in identifying the presumed culprit and bringing him to justice;

  3. Is aware that the political situation that has prevailed in the country for several years is not conducive to the sound administration of justice; nevertheless forcefully states that this situation does not relieve the authorities of their duty to do their utmost to dispense justice; fears, from the evidence on file, particularly the serious allegations of torture, of complicity of the authorities with one of the criminals and direct responsibility of the military of Makamba camp in the killing of Mr. Sirahenda, that the judicial authorities may not have taken all necessary steps to identify and bring to justice those responsible for the crimes in question;

  4. Urges the authorities forthwith to investigate these grave allegations;

  5. Would like to know what account has been taken by the judicial authorities of the information supplied to them by the Transitional National Assembly regarding the murders of Mr. Sirahenda, Mr. Gahungu and Ms. Ntamutumba; further hopes to receive shortly the information announced on the investigation into the murder of Mr. Gahungu;

  6. Would like to receive particulars of the procedure applied by the Military Court and the likelihood of a rapid judgment in the case of Mr. Gisabwamana;

  7. Recalls forcefully that, if it fails in its duty to dispense justice, the State bears responsibility, by omission, for the crimes committed; consequently urges the authorities once more to do their utmost to ensure that impunity does not prevail, and reaffirms that combating impunity - which the transition regime made a priority - is a prerequisite for the full re-establishment of the rule of law and respect for human rights in the country;

  8. Reaffirms that, in denouncing on behalf of his party abuses by the armed forces, Mr. Ndikumana was merely exercising his freedom of speech and doing his parliamentary duty; recalls once more in this connection that, at the time, the United Nations Special Rapporteur on disappearances and extrajudicial executions voiced similar criticisms;

  9. Wishes to know whether the transitional National Assembly intends to adopt, in connection with the implementation of the Arusha Agreements, an amnesty law to cover cases such as that of Mr. Nephtali Ndikumana; also wishes to know whether, still in connection with the implementation of the Arusha Agreements, the Assembly might adopt measures ensuring reparation for MPs who have been victims of political violence or for their families;

  10. Instructs the Secretary General to bring this resolution to the attention of the competent authorities and, as far as possible, to that of the former MPs concerned and the competent United Nations human rights bodies;

  11. Instructs the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (September 2001).

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