09 December 2020

To the attention of:

Hon. Solomon Ayele Dersso, Chairperson of the African Commission on Human and Peoples’ Rights,

Hon. Rémy Ngoy Lumbu, Vice Chairperson of the African Commission on Human and Peoples’ Rights,

CC:

Hon. Commissioner Jamesina Essie L. King, Special Rapporteur on Freedom of Expression and Access to Information in Africa,

Hon. Commissioner Maria Teresa Manuela, Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa,

Hon. Commissioner Marie Louise Abomo, Commissioner Rapporteur on Burundi,

The UN Special Rapporteur on the Situation of Human Rights Defenders, Mary Lawlor,

The UN Special Rapporteur on the Independence of Judges and Lawyers, Diego García-Sayán,

In the spirit of the Addis Ababa Road Map between Special Procedures Mandate-Holders of the UN Human Rights Council and the African Commission on Human and Peoples’ Rights, we, the undersigned African and international civil society organizations, express our deep concern on the situation of human rights defenders in detention in Burundi.

On 9 December 2020, as we celebrate International Human Rights Defenders’ Day, we are urging Special Procedures Mandate-Holders to take necessary measures to engage in dialogue and raise this issue with the Burundian government. We call for the immediate and unconditional release of all human rights defenders currently unjustly detained, as a sign of goodwill and reconciliation by President H.E. Ndayishimiye.

In particular, we express deep concern on the cases of Germain Rukuki, Nestor Nibitanga, and the 4 journalists of the media house Iwacu, Egide Harerimana, Christine Kamikazi, Térence Mpozenzi, and Agnès Ndirubusa. They should never have been arrested, and their detentions violate the principles and guidelines on the right to a fair trial and legal assistance in Africa, proclaimed by the African Commission on Human and Peoples’ Rights according to the African Charter on Human and Peoples’ Rights.

We further call on you to urge the Burundian government to:

1. Reinforce their commitment to the independence of the justice system, as outlined in the ACHPR resolution (i) 412 (LXIII) 2018.
2. Ensure fairness of Germain Rukuki’s new appeal hearing proceedings in open trial; and to allow trial monitoring and observation by physical presence.
3. Act upon the ACHPR resolution 412 (LXIII) 2018 which urges the Burundian authorities to:
   • Respect, protect and guarantee human rights and fundamental freedoms for all, in accordance with the Constitution of Burundi and the country’s international obligations, including by respecting the principles of the rule of law;
   • Release all persons who have been arbitrarily detained, in particular human rights defenders, including by strictly respecting the relevant applicable procedures.
   • Cooperate with all international community stakeholders, including the African Union, the United Nations, and the East African Community, in the search for a peaceful and human rights-responsive solution to the crisis in Burundi.

Signatories