A/HRC/36/31
obtained from anonymous sources that were impossible to verify, or information provided
by “opposition politicians.” On the second day of the dialogue on 29 July 2016, the
Government of Burundi suspended its participation and the delegation was absent.
Immediately after the interruption of the dialogue, the Committee was informed of a letter
from the Attorney General of Bujumbura, dated 29 July 2016, requesting that the Bujumbura
Bar Association disbar four lawyers, three of whom had participated in the briefings with the
Committee and were present during the first day of the dialogue (Armel Niyongere,
Dieudonné Bashirahishize and Lambert Nigarura) and one who was a signatory of the
coalition report sent by the NGOs, Vital Nshimirimana.
13.
On 5 August 2016, the Committee’s rapporteur on reprisals sent a letter to the
Government, expressing concern that the Attorney General’s request related to the
cooperation of these members of civil society with the Committee and mentioned its concerns
over reprisals in its concluding observations from the session (see CAT/C/BDI/CO/2/Add.1,
para. 33-34). On 11 August 2016, the Government responded to the Committee’s letter,
indicating that the request of disbarment had been made in the course of legal proceedings
against three of these lawyers. The lawyers concerned were charged with “participation in an
insurrectional movement, attempted coup d'état, trafficking of images and, in the case of one
of the lawyers, because he regularly violated the laws and regulations by his statements and
pronouncements,” without giving further information.
14.
On 12 August 2016, the Committee replied that the request for disbarment was preempting the outcome of an ongoing criminal case, which had not led to a finding of guilt, and
requested further information. On 29 September 2016, the Bar Association of Burundi
declared, while proceedings were pending before the Bujumbura Court of Appeal, that the
request for disbarment by the Attorney General was unfounded. However, on 16 January
2017, the Bujumbura Court of Appeal decided to disbar Armel Niyongere, Dieudonné
Bashirahishize and Vital Nshimirimana, and to suspend Lambert Nigarura for a period of one
year, although he was not under criminal investigation.
15.
In a letter dated 21 February 2017, the Committee indicated that the disbarment of the
lawyers before the conclusion of the pending criminal procedures against them was preempting the outcome and seemed to reinforce the hypothesis that disbarment was a measure
of reprisal for the active participation of these lawyers during the Committee’s examination
of the State party’s report. At the time of finalization of the present report, no further response
had been received from the Government.
16.
The experts conducting the independent investigation on Burundi pursuant to Human
Rights Council resolution S-24/1, in their report (A/HRC/33/37) also raised concerns
regarding the threat of reprisals for those individuals who cooperated or who wished to
cooperate with the investigation. The experts noted that “UNIIB faced several challenges,
including the fact that two of its four planned visits could not be carried out”. They further
noted that “some victims and witnesses feared reprisals.” In their recommendations, they also
stressed that “the Government should immediately cease its reprisals and threats against
individuals who have cooperated with the investigation, and other human rights mechanisms
and organizations”.
17.
On 14 June 2017, the chair of the Commission of Inquiry on Burundi briefed the
Human Rights Councilb and stated that the Commission received information from a large
number of exiled Burundians who were afraid to provide testimonies for fear of reprisals. In
the briefing, she noted that, similarly, human rights defenders who still operate in the country
find it hard to gather testimony from victims inside the country for fear of exposing
themselves and the victims to the risk of reprisals.
b
18
OHCHR, Oral briefing by Chair of Commission of Inquiry on Burundi, 14 June 2017.
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