AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

AAAS is concerned about the arrest, torture, and ill-treatment of Isaac Nitereka, an engineer with Brasserie du Burundi and a member of the executive board of the opposition National Recovery Party (Parti pour le redressement national (PARENA)) and the party's representative for urban Bujumbura. He was arrested with several others on 8 or 9 March 1997. None of the detainees have been formally charged. Their arrests are believed to be politically motivated and appear to be part of a crackdown on former President Bagaza's supporters. However, the government has accused the detainees of involvement in a series of mine explosions in Bujumbura and in a plot to assassinate President Major Pierre Buyoya.

The detainees are held in various detention centers throughout the country. Mr. Nitereka is reportedly being held in Ruyigi Prison, Ruyigi Province, in eastern Burundi. They have reportedly been tortured and threatened. One individual, also a PARENA official, died while in custody as a result of the denial of essential medical care for his diabetes. Torture and ill-treatment of detainees is routine in Burundi and there have been numerous documented cases of disappearance or death while in custody. The cases are being investigated by a military commission, which raises concerns that the investigations may not be carried out in an impartial or independent manner.

Mr. Nitereka's arrest, detention, and ill-treatment constitute serious violations of international human rights standards, including those enumerated in the Universal Declaration of Human Rights (UDHR), as well as the International Covenant on Civil and Political Rights (ICCPR), the African Charter on Human and People's Rights (African Charter), and the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (Torture Convention), which are legally binding on Burundi as a State Party. These rights include:

• the right to life, liberty, and security of the person (Article 3 of the UDHR, Article 9 of the ICCPR, and Article 6 of the African Charter);
• freedom from torture or cruel, inhuman or degrading treatment or punishment (the Torture Convention, Article 5 of the UDHR, Article 7 of the ICCPR, and Article 5 of the African Charter);
• freedom from arbitrary arrest and detention (Article 3 and 9 of the UDHR, Article 9 of the ICCPR, and Article 6 of the African Charter); and
• freedom of association (Article 20 of the UDHR, Article 22 of the ICCPR, and Article 11 of the African Charter).

Note: There is currently no mail service into Burundi. However, faxes and telexes can be sent. You may send letters to the ambassador of Burundi in Washington, DC.

(Source of information on this case includes Amnesty International Urgent Action Alerts (UA 73/97), 6 June 1997, 21 May 1997, and 25 April 1997.)

RECOMMENDED ACTION:

Please send telexes, faxes, and letters:

• demanding that steps be taken to guarantee the physical security of Mr. Nitereka and the other detainees;
• calling on the government to allow Mr. Nitereka immediate access to medical care, legal counsel, and his family;
• demanding that the reports of ill-treatment and torture be investigated;
• seeking clarification of Mr. Nitereka's legal status, particularly the basis of the accusations brought against him; and
• urging Mr. Nitereka's release if he is not charged with a recognizable crime and brought to trial in accordance with international standards of fairness.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Lt.-Col. Epitace Bayaganakandi
Minister for Internal Affairs and Public Security
Ministre de l'Interieur de la Securite Publique
Ministere de l'Interieur
telegram: Ministre Interieur, Bujumbura, Burundi
fax: 011-257-22-21-48/011-257-21-30-55
Salutation: Monsieur le Ministre

Monsieur Terence Sinunguruza
Minister of Justice
Ministre de la Justice et Garde des sceaux
Ministere de la Justice
telegram: Ministre Justice, Bujumbura, Burundi
fax: 011-257-22-21-48
Salutation: Monsieur le Ministre

Lt. Col. Firmin Sinzoyiheba
Minister of Defense
Ministre de la Defense Nationale
Ministere de la Defense
telegram: Ministre Defense, Bujumbura, Burundi
fax: 011-257-22-39-59

COPIES SENT TO:

Major Pierre Buyoya
President de la Republique
Presidence de la Republique
fax: 011-257-22-7490


Madame Christine Ruhaza
Minister for Human Rights, Social and Women's Affa
Ministre des Droits de la Personne humaine de l'Action sociale et de la Promotion de la femme
fax: 011-257-21-61-02


Ambassador Severin Ntahomvukiye
Embassy of the Republic of Burundi
2233 Wisconsin Ave., NW
Suite 212
Washington, DC 20007

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