Oral statement by FIACAT, co-sponsored by CCPR Centre, DefendDefenders1, OMCT, Protection International and TRIAL International

39th session of the Human Rights Council

Item 4 – Interactive dialogue with the Commission of Inquiry on Burundi

 

Mr. Chairman,

Ladies and gentlemen of the Commission of Inquiry,

I am speaking before you on behalf of a coalition of Burundian NGOs2, with the support of CCPR Centre, FIACAT, OMCT, Protection International and TRIAL International.

These organisations would like to thank the Commission of Inquiry for the work it has accomplished and for presenting its report. It is extremely worrisome to note that the Commission’s findings are that serious human rights violations still persist, some of which qualify as crimes against humanity.

The signatory Burundian NGOs, thanks to their constant monitoring, agree with the Commission’s findings. Indeed, since 30 June 2018, SOS-Torture / Burundi has documented 35 cases of extrajudicial executions, 2 cases of rape and 158 arbitrary arrests, the victims of which were often opponents – real or perceived – sometimes involving members of the Imbonerakure. Ligue Iteka also drew up a list of 16 cases of gender-based violence and 49 instances of torture, some of which having been perpetrated by SNR and members of the Imbonerakure. These figures are not exhaustive and do not represent all the cases that have been documented by Burudian organisations.

Human rights defenders are also still being persecuted because of their work. Two examples come to mind: the first is that of Nestor Nibitanga, a member of APRODH, sentenced to five years in prison for breach of State security on 13 August 2018; the second is that of Germain Rukuki, a former accountant at ACAT Burundi, who was sentenced to 32 years in prison because of the work he did for ACAT, and who is still in jail as we speak.

In light of these elements and considering the upcoming elections of 2020, ensuring the permanence of an independent and reliable international mechanism to investigate human rights violations in Burundi appears as something of the utmost importance. The existence of such a mechanism is only made more essential by Burundi’s refusal to cooperate with the High Commissioner for Human Rights to enforce resolution 36/2, despite having initially supported it, which was to commission 3 experts to go to Burundi in order to provide the Burundian government with technical assistance and capacity development.

This is why the signatory NGOs ask that the Human Rights Council renew for an additional year the mandate of the Commission of Inquiry for Burundi, as per its own recommendation, and call for the Burundian government to cooperate fully with the High Commissioner for Human Rights and the Commission of Inquiry for Burundi.

Thank you Mr. Chairman.

 

BURUNDI : Already one year of detention for Germain Rukuki

This Friday, 13th July 2018, marks the sad anniversary of the arbitrary detention of Germain Rukuki, the FIACAT and the ACATs keep mobilizing for his release.

A year after his arrest, Germain Rukuki, former accountant of ACAT Burundi, is still in detention despite his worrying medical condition.

Germain was sentenced on 26th April 2018 because of his work at ACAT Burundi, to 32 years of imprisonment by the High Court of Ntahangwa for charges of rebellion, breach of State security, participation in an insurrectional movement and attack on the Head of State. This sentence, one of the heaviest against a human rights defender in Burundi, was the result of irregular and arbitrary proceedings. Germain appealed this sentence on 29th May 2018.

The FIACAT is particularly worried by Germain’s health condition. Following a fracture of his ankle and the rupture of his shoulder ligaments, Germain was hospitalized and had to undergo a surgical operation in the Ngozi hospital. Despite his critical condition requiring regular medical care, he was transferred back to prison on 18 July 2018. He requested bail for his medical condition on 26th June 2018.

The FIACAT calls for Germain immediate release or at minimum his release on bail until his appeal and demands for fairness in the appeal proceedings.

Press contact:

FIACAT – Sabrina Bignier – saa@fiacat.org - +33 (0)1 58 64 10 47

Message from the President of ACAT Mali

FIACAT and the World Coalition against the Death Penalty set up a joint programme in 2015 to increase mobilisation towards the abolition of the death penalty in Africa. The aim of this programme is to strengthen the capacities of FIACAT and World Coalition members, encourage African Union member states to make commitments to abolish the death penalty and raise public awareness.

In this context, FIACAT and ACAT Mali organised a training workshop on 29 and 30 September 2014 in Bamako (Mali) for 20 participants: Muslim and Christian religious, traditional leaders, members of civil society organisations, journalists, members of the Malian National Human Rights Commission (CNDH) and parliamentarians. After this workshop, FIACAT and ACAT Mali released a publication to raise awareness among opinion-leaders on the abolition of the death penalty in Mali, taking into consideration the specific needs of the country.

To follow up this workshop and encourage the Malian authorities to move towards the abolition of the death penalty, FIACAT and ACAT Mali are organising, jointly with some traditional and religious leaders, a field mission to Bamako in June 2018 which aims to raise awareness among political and Malian decision-makers so that they adopt a law on the abolition of the death penalty in Mali and support the draft Additional Protocol to the African Charter on Human and Peoples’ Rights aiming at the abolition of the death penalty in Africa.

ACAT Mali and FIACAT wish to take advantage of this event to thank the Agence française de développement (AFD) and the International organization of la Francophonie (OIF) for their support in the implementation of these activities.

Luc DIARRA
President of ACAT Mali

Cotonou, Paris, 6 June 2018 - On 5 June, Benin’s National Assembly adopted a new Criminal Code removing all references to the death penalty from the law.

Although the last execution in Benin took place in 1987, the country’s courts continued to impose death sentences until 2012, when Benin acceded to the Second Optional Protocol to the International Covenant on Civil and Political Rights on 5 July. Benin is therefore abolitionist since 2012.

ACAT Benin, Changement Social Benin and Amnesty International Benin have maintained constant pressure on the government of Benin so that it abolishes punishment in its criminal law and commutes the sentences of those sentenced to death.

In February 2018, the Council of Ministers adopted a decree to commute the sentences of the last 14 death row inmates to life imprisonment.

A draft Criminal Code, without the death penalty, had been drafted and was pending before the National Assembly. It was adopted yesterday by the parliament, formally prohibiting the death penalty in Benin.

FIACAT and ACAT Benin welcome this decision and encourage the government of Benin to continue along this path by supporting the draft Additional Protocol to the African Charter on Human and Peoples’ Rights aiming at the abolition of the death penalty in Africa.

Press Contact:

ACAT Bénin : Pascal ZOHOUN ou Pacôme AKOGOU - acat_coordbnin@yahoo.fr – +229 97 47 99 51 / 97 60 41 42 FIACAT : Guillaume COLIN : g.colin@fiacat.org – +33 1 58 64 10 47