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This News Service is posted by the
International Secretariat of Amnesty International,
1 Easton Street, London WC1X 8DJ
(Tel +44-71-413-5500, Fax +44-71-956-1157)
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News Service 46/96
AI INDEX: AFR 16/04/96
8 MARCH 1996


BURUNDI: ADEQUATE RESOURCES NECESSARY FOR UN COMMISSION OF
INQUIRY INVESTIGATING HUMAN RIGHTS ABUSES

Governments and intergovernmental organizations should act
now to provide adequate resources and protection for the
United Nations (UN) commission of inquiry currently
investigating grave human rights abuses in Burundi, Amnesty
International said today.

      ~We are seriously concerned that the commission may be
unable to complete its work due to a lack of resources and
political support,~ the organization said.
      ~It is only when these are achieved that the commission
will be able to bring perpetrators of human rights crimes to
justice and the cycle of impunity will be ended.~

      The commission was set up on 28 August 1995 by the UN
Security Council, and its five members were appointed by the
UN Secretary General in September. Its main mandate is to
establish the facts relating to the assassination of the
President of Burundi on 21 October 1993, the massacres and
other serious acts of violence which followed. It is also
required to recommend legal, political and administrative
measures to bring the perpetrators of the crimes to justice,
and end the cycle of impunity.

      Amnesty International is concerned that witnesses,
particularly those who could provide evidence against the
Burundi government forces, will be frightened from doing so
unless the security of members of the commission is entrusted
to impartial and independent guards. Moreover, the commission
should be given resources to enable it to set up a witness
protection program.

      The organization has learned that security for members
of  the commission is carried out by members of the
Organization of African Unity (OAU) observer mission whose
movements are restricted and closely monitored by Burundi
government forces. Burundi government forces were responsible
for the coup attempt and assassination of President Melchior
Ndadaye in October 1993 and have been responsible for a large
number of the massacres and other human rights violations
being investigated by the commission.

      Amnesty International is also concerned that the UN has
failed to ensure a proper budget and financial footing for
the commission. The organization calls on the UN Secretary
General to make public the commission~s preliminary report to
enable governments and other potential funding organizations
to know and provide the commission~s requirements.
      ~Governments, intergovernmental and other organizations
will find it difficult to provide resources which they are
not made specifically aware of,~ Amnesty International said.
~Funding sources would also like to know the progress so far
made by the commission.~

      Amnesty International is calling on all governments and
intergovernmental organizations -- particularly the UN, the
European Union and the OAU -- to ensure that the commission
has all the human and material resources it requires to carry
out and complete its inquiry in the shortest time possible.

      The organization is also urging the Burundi authorities
to ensure that the judiciary or the security forces do not
undermine the commission~s work. Burundi state institutions
should pledge to cooperate fully with the commission of
inquiry and implement its recommendations.
      In addition, it is appealing to the Burundi authorities
and the international community to ensure that Burundi
obtains adequate human and material resources -- including
foreign investigators, prosecutors, judges and defence
lawyers -- to ensure that all those accused of serious crimes
obtain a fair trial.


BACKGROUND

The commission of inquiry issued its preliminary report to
the UN Secretary General on 20 December 1995. Although the
report itself has not been made public, the Secretary General
disclosed some of the concerns of the commission~s members in
a letter to the President of the Security Council.  The
commission said that it had received many requests for
deposition of testimonies and had established lists of
potential witnesses. It had interviewed prisoners and
initiated a study of the judicial system.

      In the report members of the commission expressed
concern that due to the time which had elapsed since the
events under investigation,  perpetrators, witnesses and
victims may have become refugees, displaced or died; evidence
may have been lost, suppressed or altered; or evidence
previously gathered may not conform to judicial standards.
The commission finds it difficult to obtain truthful,
objective and reliable testimony.

      The commission said it was mostly concerned about
security. In its Resolution 1049 (1996) dated 5 March 1996
the UN Security Council ~reminded the Government of Burundi
of  its responsibility to ensure security and protection for
members and personnel of the commission~.
      In December 1995, the commission expressed concern
about inadequate resources: it needs more trained
investigators, support staff and material resources. The
Secretary General  asked the Security Council President to
bring this matter to the attention of the Council. In
February 1996, the UN Special Rapporteur for Burundi
expressed concern that the members of the commission did not
have adequate security either for themselves or for the
confidential documents they handle. He added that the
commission required more investigators and other support
staff. In its Resolution 1049, the UN Security Council
~invites Member States to provide adequate voluntary
financing for the commission~.
ENDS\



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