20.06.08 - BURUNDI/JUSTICE - ALISON DESFORGES: EVOLUTION OF MUYINGA CASE IS UNACCEPTABLE

Bujumbura, 20 June 2008 (FH) - The recent refusal by Burundi’s Military Court not to try Muyinga massacre of 13 opponents in 2006 can not be acceptable , stated Allison Desforges, an official for Africa of Human Rights Watch. “It is a very sad situation “, she told Hirondelle News Agency in a telephone interview.

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"The details of the massacre are known; there are soldiers and the civilians who are implicated, but they have not all been indicted, almost two years after the killings.,” she said, adding that If the military court declared itself incompetent, it was necessary that the civilian judges assume their responsibility to try the accused.
FH: There are certain people that believe that these are delaying tactics, to smother the case, what do you think?
AD: Indeed, that interpretation is understandable. There have been several reports, there have been several investigations and until now nothing has been done in a clear and sincere way. Therefore, it is normal that the families of the victims, the friends … believe that there is lack of will on the side of the authorities for justice to be done, it is nevertheless a terrible crime perpetrated at the beginning of the current regime in Bujumbura.
FH: The APRODH (Association for the Protection of Human Rights) and the families of the victims would like that this case be entrusted to the International Criminal Court (ICC), in your opinion, is Burundian justice unable to try this case?
AD: It is understandable why one would wish to call upon international legal authorities. But seeing that international justice goes very slowly, I hope that the victims could most quickly have concrete results by trying to privilege local action. If it is not done, I believe that slaughters fell well into the mandate of the ICC. I find that this court must necessarily examine the situation and see the possibility of seizing the case.
FH: The civil party has asked for the re-opening of new investigations to indict other people, in particular the civilians who took part in this massacre.
AD: Of course, if the civil party is not satisfied with this legal work, the irregularities should be corrected. But the only problem is that another investigation once again will prolong the legal activity, and then we will be blocked and we will not be able to undertake another action any more. It is a difficult decision to take.
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