Photo: Anthony Morland/IRIN, A poster explains the illegality of torture
Source: IRIN
BUJUMBURA, 10 October 2012 (IRIN) - With a couple of clicks, a photo
appeared on the Burundian human rights activist’s computer screen: a
hillside; a prone, male body, its severed head lying next to it; another
man, naked, sitting, ankles and wrists bound, still alive when the
photo was taken but since deceased; the uniformed legs of several other
men, allegedly police, standing over the scene; the back of a jeep-type
vehicle.
“This is reality,” said Pierre-Claver Mbonimpa, chairman of the
Association for the Protection of Human and Prisoners’ Rights, in his
small Bujumbura office, adding that the photo was taken in April 2011.
He showed IRIN another photo, this one of the corpse of a man who
Mbonimpa said had received 36 gunshots to the head. He said all three
men were members of parties opposed to the government.
“After the elections of 2010, there were many executions of people belonging to opposition parties,” he said.
“In 2011, there were 78 extrajudicial killings, by which I mean when
someone was killed while he was in the hands of agents who are supposed
to protect him, such as the police, the army or the local
administration.”
The UN’s figure for politically-related extrajudicial killings in 2011
is 61. A Burundian commission of inquiry set up in June 2012 found that
no killings in the country met the internationally accepted definition
of “extrajudicial”.
Widespread impunity
“In 2012, so far we have counted 15 people who were extrajudicially
executed. You can’t say things are getting better because fewer people
are being killed. For us, we need zero,” Mbonimpa said. Members of
opposition parties feel “terrorized,” and are often followed, preventing
them from carrying out party activity, he continued.
“What has the government done to halt extrajudicial killings? Up until
now, nothing - which means that somewhere, there are members of the
government who support these killings. And it is very dangerous for the
country, because if there are people who execute people, and the police
and justice system do nothing to punish these people, then Burundi is
seen as a country which supports extrajudicial killings.”
Human Rights Watch came to a similar conclusion in a May 2012 report,
which said “the killings, some by state agents and members of the
ruling party, others by armed opposition groups, reflect widespread
impunity, the inability of the state to protect its citizens, and an
ineffective judiciary.”
Leonce Ngendakumana, Chairman of ADC Ikibiri, an alliance of 10
opposition parties, told IRIN that arrested members of National
Liberation Forces (FNL), which was a rebel group during Burundi’s 1993
to 2005 civil war), were the most common target of such killings.
“There are no prosecutions. The body is found in a river or left in the
bush, or he disappears to who knows where. They tell us, ‘we’ve released
him, we don’t know where he is,’” said Ngendakumana.
“We must start to punish those who commit the crimes we are seeing.
Otherwise, what will happen? Everyone will do as they like. A man and
his wife might argue over something small, and the stronger one kills
the other. There’s no investigation, no prosecution. Can you understand
this kind of society?” he said.
Blaming bandits and rebels
When asked about extrajudicial killings, police spokesman Elie
Bizindavyi, referred IRIN to the commission’s report and denied the
existence of an institutional problem within the force.
“We would like human rights activists or others to name an individual,
any one, in any crime, not accuse the ensemble of the police,” he said.
“If a policeman commits a reprehensible crime, he will answer for it
like any other citizen. We have some policemen before the courts, and
this shows that a policeman who is guilty is not protected, is not above
the law,” he said.
Presenting the commission’s findings in August, Attorney General
Valentin Bagorikunda said eight people, including two police officers,
had been detained in connection with cases of “murder or torture.”
The government insists that the killings cited by human rights activists
and the UN, far from being targeted assassinations of opposition
supporters, were the result of banditry, land disputes or score-settling
between civilians. In some cases, they blame firefights between
security forces and armed youths they say were sent into Burundi by FNL
leader Agathon Rwasa, who has long been rumoured to be remobilizing in neighbouring Democratic Republic of Congo.
“If someone has a gun, how can you take him to the police station when
he has started shooting?” said Pascal Nyabenda, chairman of the ruling
CNDD-FDD (‘Conseil national pour la defense de la democratie-Forces pour
la defense de la democratie’) party.
“What I don’t appreciate is that the people who sent those young people
to come to Burundi to disturb security, they are not blamed. They just
blame the police or the army, as if those people who come with guns from
outside were right. No, they are not right,” he told IRIN.
‘Climate of control and fear’
European Union Ambassador to Burundi Stéphane de Loecker told reporters
in mid-September that whatever the commission of inquiry said, what
mattered “were the cases documented by the United Nations Office in
Burundi.”
He said he had asked the Burundian authorities to “tell us exactly how
many investigations had been conducted, and how many reached what sort
of conclusion.”
Pacifique Nininahazwe, chairman of the Forum for Strengthening of Civil
Society - a group of 146 organizations - also dismissed the official
explanation for the killings.
“How can you explain that people are killed in the same way: arrested at
home by people in uniform, taken away in police pick-ups, and later
their bodies are found in the hills and rivers?” he told IRIN.
“The modus operandi is the same all over the country. The target is the
same, FNL members. How can they shoot when they are already arrested?
[Sometimes] the head is thrown in a latrine and the body on a hill, and
the family can’t bury them together because the head is already buried
and they [the police] refuse to disinter it.
“[The victims are] buried quickly, not identified. There is no investigation, there is no justice,” he said.
The killings “create a climate of control and fear. They send a message:
‘If you want to stand up against us you will end up like that.’ How can
we make this democracy work if we can kill someone for his ideas?”