12.The cases of Mr. Armel Niyongere, Mr. Dieudonné Bashirahishize, Mr. Vital Nshimirimana, and Mr. Lambert Nigarura were included in the 2017 report of the Secretary-General (see A/HRC/36/31, para. 24 and Annex, paras. 11-15).The four lawyers had contributed toan alternative report submitted to the Committee against Torture for the consideration of the special report of Burundi, and Mr. Niyongere, Mr. Bashirahishize, and Mr. Nigarurahad attended the interactive dialogue between Burundi and the Committee on behalf of the civil society organisations they represented...On 29 July 2016, during the second day of the dialogue between the Committee and the Government, the Government suspended its participation atthe session and the delegation was absent. The Committee was immediately informed of aletter from the Attorney General of Bujumbura, dated 29 July 2016, requesting that the Bujumbura Bar Association disbar the fourlawyers.13.On 16 January 2017, the Bujumbura Court of Appeal disbarred Mr. Niyongere, Mr. Dieudonné Bashirahishize and Mr. lNshimirimana, and suspended Mr. Nigarura for a period of one year and denied him participation in the Conseil du l’Ordre des Avocats for a period of five years. Howeverthe Court decision has not been communicated to the victims, thus denying them a rightofappeal and without anyfurther recourse or remedy.The Committeenoted in a letter of 27 February 2017 that it considers the verdict of the court as an act of reprisal for the individuals’ engagement with the Committee and the United Nations human rights system.At the time of writing no response had been received from the Government.

The cases of Mr. Armel Niyongere, Mr. Dieudonné Bashirahishize, Mr. Vital Nshimirimana, and Mr. Lambert Nigarura were included in the 2018 and 2017 reports of the Secretary-General (see A/HRC/39/41, Annex II, paras. 12–13, and A/HRC/36/31, para. 24, Annex, paras. 11–15). Three of the human rights lawyers were disbarred and one suspended allegedly for cooperating with the Committee against Torture during the review of Burundi. The Committee considered the verdict of the court an act of reprisal for their engagement with the United Nations human rights system. 14. According to new information received, the decision of the Court of Appeal has yet to be communicated to the four lawyers, thus preventing them from making an appeal. Moreover, on 15 May 2019, the Public Prosecutor reportedly issued an order requesting the seizure of real estate property and other assets in the country belonging to Mr. Armel Niyongere, Mr. Dieudonné Bashirahishize and Mr. Vital Nshimirimana.

The cases of human rights lawyers Mr. Armel Niyongere, Mr. Dieudonné Bashirahishize, Mr. Vital Nshimirimana and Mr. Lambert Nigarura were included in the 2019, 2018 and 2017 reports of the Secretary-General (A/HRC/42/30, Annex II, paras. 13–14; A/HRC/39/41, Annex II, paras. 12–13; and A/HRC/36/31, para. 24, Annex I, paras. 11–15). Three of the human rights lawyers were disbarred and one suspended by the Court of Appeal at the request of the Attorney General, following their cooperation with the Committee against Torture during the Committee’s consideration of a special report on Burundi in July 2016. The Committee has addressed the Government in writing on three occasions, 3 and as of May 2020, no reply had been received to the Committee’s letters and the lawyers remain disbarred or suspended. The decision of the Court of Appeal has yet to be communicated to the four lawyers, thus still preventing them from making an appeal.

The cases of human rights lawyers Mssrs. Armel Niyongere, Dieudonné Bashirahishize, Vital Nshimirimana and Lambert Nigarura were included in the 2020,2019, 2018 and 2017 reports of the Secretary-General101 on allegations of the disbarment of three of the lawyers and suspension of one by the Court of Appeal at the request from the Public Prosecutor following their cooperation with the Committee against Torture during the consideration of a special report on Burundi in July 2016 (CAT/C/BDI/CO/2/Add.1, paras. 33 and 34). The lawyers had been previously accused of participating in an insurrectional movement and attempted coup d’état and have been living in exile due to fears of being targeted. According to information received by OHCHR, on 2 February 2021, the Supreme Court’s verdict of 23 June 2020 was made public. Mr. Niyongere, Mr. Bashirahishize, and Mr. Nshimirimana were part of a group of twelve individuals sentenced in absentia to life imprisonment for participating in a revolutionary/insurrectional movement and for attempted coup d’état. The judgement, following a trial where the defendants were absent and had no legal representation, also ordered the defendants to pay financial compensation, which included the seizure of financial assets of their families.102 To date, the lawyers have not obtained a copy of the judgement, making it difficult to challenge it. Moreover, the claimants’ attempt to appeal the judgement from abroad has been dismissed.

26. Since 2017, reports of the Secretary-General have included the cases of human rights lawyers Mssrs. Armel Niyongere, Dieudonné Bashirahishize, Vital Nshimirimana and Lambert Nigarura on allegations of the disbarment of three of the lawyers and suspension of one by the Court of Appeal at the request of the Public Prosecutor following their cooperation with the Committee against Torture during the consideration of a special report on Burundi in July 2016. The lawyers were previously accused of participating in an insurrectional movement and attempted coup d’état, and sentenced in absentia to life imprisonment and ordered a financial compensation, which included the seizure of financial assets of their families. According to information received by OHCHR, as of 30 April 2022, Mr. Niyongere, Mr. Bashirahishize, and Mr. Nshimirimana have not yet obtained a copy of the Supreme Court’s judgement issued in April 2021, which makes it difficult for them to challenge it. The three lawyers remain in exile due to fears of further retaliation.

On 7 October 2022, the Human Rights Council adopted resolution 51/28 calling upon the Government to refrain from acts of intimidation or reprisal against human rights defenders, including those who are cooperating with international human rights mechanisms and the Human Rights Council (A/HRC/RES/51/28, OP 7). The cases of human rights lawyers Mssrs. Armel Niyongere, Dieudonné Bashirahishize, Vital Nshimirimana and Lambert Nigarura have been included since 2017 in the reports of the Secretary-General on allegations of the disbarment of three of the lawyers and suspension of one following their cooperation with the Committee against Torture during the consideration of a special report on Burundi in July 2016. Mssrs. Niyongere, Bashirahishize and Nshimirimana were among individuals previously accused of participating in an insurrectional movement and attempted coup d’état. They were sentenced in absentia to life imprisonment and ordered to pay financial compensation (A/HRC/51/44, para. 83), which reportedly involved the seizure of financial assets and properties of their families. According to information received by OHCHR, as of 30 April 2023 the three lawyers have not been able to obtain a copy of the Supreme Court’s judgement issued in February 2021, impeding their efforts to challenge it. Mssrs. Niyongere, Bashirahishize and Nshimirimana remain in exile due to fear of further reprisals.

The cases of human rights lawyers Mssrs. Armel Niyongere, Dieudonné Bashirahishize, Vital Nshimirimana and Lambert Nigarura have been included since 2017 in the reports of the Secretary-General42 on allegations of disbarment and suspension following their cooperation with the Committee against Torture during the consideration of a special report on Burundi in July 2016.43 On 31 October 2023, during the review of the third periodic report of Burundi, the Committee against Torture noted that following the first dialogue with the Committee in 2016, the State party had taken steps that could constitute reprisals against the four representatives of civil society who had cooperated with the Committee. In this connection, one of the lawyers was suspended from the Bujumbura Bar Association and three of them disbarred and criminally prosecuted. The individuals concerned were not able to return to Burundi. The Committee further noted that the State party had not responded to any of the Committee’s letters and requests (CAT/C/SR.2039, para. 9). In its observations, the Committee noted the prolonged suspension of lawyer Lambert Nigarura and the lack of clarity concerning the steps to be taken and the competent authority to approach for his readmission to the bar. It also noted the disbarment and criminal conviction of lawyers Armel Niyongere, Dieudonné Bashirahishize and Vital Nshimirimana, who cooperated with the Committee during the consideration of the State party’s special report. The Committee further noted that in its view these penalties could constitute reprisals against the four lawyers for providing it with information for its review of the special report of Burundi (CAT/C/BDI/CO/3 para. 20).44 The Committee recommended that the State party put an end to all reprisals, including against the lawyers mentioned above and those who cooperated with the Committee in its consideration of the Special report of Burundi in 2016. It further recommended that the State take all appropriate measures to prevent intimidation and reprisals and promote a safe environment conducive to dialogue with the United Nations, its representatives and mechanisms in the field of human rights (CAT/C/BDI/CO/3 para. 21(e)).47. In his 2023 report, the Special Rapporteur on Burundi noted that reportedly, a culture of fear has been established in Burundi resulting in self-censorship and reprisals against political dissidents, media professionals and civil society organizations (A/HRC/54/56, para. 63). On 12 October 2023, the Human Rights Council adopted resolution 54/20 callingupon the Government to refrain from acts of intimidation or reprisal against human rights defenders, including those cooperating with international human rights mechanisms and the Human Rights Council (A/HRC/RES/54/20, OP 7).