The Council of the Inter-Parliamentary Union,

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/171/12(a)­R.1), and to the relevant resolution adopted at its 170th session (March 2002),

Taking account of the information provided by Mr. Ndihokubwayo, a member of the Burundian delegation to the Special Session of the Council (September 2002) at the hearing held on the occasion,

Considering that the information he obtained after consulting the relevant files in the Public Prosecutor's Office confirms the information the Committee has on file, namely that except in the case of Mr. Gisabwamana, whose murderer was identified and sentenced, the investigations into the murders of the other MPs have been shelved, reportedly for want either of evidence or of complainants; in the case of Mr. Gahungu, the entire file on him has disappeared,

Recalling that, according to information provided previously by the parliamentary authorities, the Transitional National Assembly has collected evidence on these cases and made it available to the prosecuting authorities; it appears, however, that they have never made any use of it,

Considering that the President of the Transitional National Assembly has agreed to the setting up of a small group of MPs to look into the matter and, in close cooperation with the Prosecutor General's Office and the Minister for Human Rights and Relations with the Transitional National Assembly, to re-open these investigations and to elucidate the circumstances of the murders in question,

Considering further that the Arusha Peace Agreement provides for the establishment of an International Judicial Commission of Inquiry and a Truth and National Reconciliation Commission to shed light on the violence which has prevailed in Burundi since its independence and establish responsibilities; according to information supplied by Mr. Ndihokubwayo, the Government recently addressed to the United Nations a request for the establishment of an international inquiry commission, and a bill establishing the national commission is under discussion by the Council of Ministers, which has already adopted a bill concerning reform of the legal system,

Considering finally that, in his letter of 19 January 2001, the Minister of Human Rights stated that "the State of Burundi has an obligation to compensate any victim when he or she is able to prove the responsibility of the State or its agents …"; noting in this respect that, according to the information with which the Minister of Human Rights provided Mr. Ndihokubwayo, no compensation has been paid to the family of Mr. Gisabwamana, who was assassinated by a military officer, because no such request has so far been made,

1. Thanks Mr. Ndihokubwayo and, through him, the authorities for the information supplied and their stated commitment to ensuring that justice is done in these cases;

2. Notes with satisfaction the steps taken to this end, in particular the setting up of a small parliamentary group to look into these cases; wishes to be kept informed of its work;

3. Is confident that Mr. Gisabwamana's family will be granted the compensation to which it is entitled, and would appreciate confirmation of this;

4. Requests the Secretary General to convey this resolution to the competent authorities, inviting them to provide the requested information;

5. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (April 2003).

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