URGENT ACTION APPEAL
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19 November 2004
UA 316/04 Fear of execution
BURUNDI
Draft legislation proposing summary trials and executions
A draft law proposing that people caught in the act of
committing violent crimes, including murder, armed robbery and
rape, be dealt with through a radically shortened judicial
procedure is due to be presented to the National Assembly of
Burundi next week. The draft law is being presented as a
response to an increase in violent crime.
For it to become law, it must be adopted by the National
Assembly, then the Senate before being confirmed by the
President of the Republic. If implemented, the draft law would
significantly increase the risk of death sentences being imposed
and executions carried out after unfair trials. Other defendants
would be sentenced to potentially long prison sentences for
which there would be no possibility of conditional release.
The emphasis of the draft law on the death penalty and
executions have added to fears that the government is
considering the resumption of executions after a gap of seven
years. The introduction to the draft law states that ''death
sentences have increasingly not been carried out leading the
death penalty to lose its intended effect of deterrence and
elimination''; a situation ''remedied'' by this law. This echoes
statements made by senior government figures, including the
President of the Republic, who have expressed their wish to see
criminals ''severely punished'' and for ''examples to be made''.
In high profile cases, judges and prosecutors are likely to be
subjected to intense political pressure to impose death sentences.
Under the new law, the whole procedure from arrest to execution
- including retrial - will take less than 40 days, and could be
significantly shorter. The law sets the date of execution ''no later
than seven days from the announcement of the final verdict'',
unless clemency is granted.
The emphasis on speed and the arbitrary cut-off points for police
and judicial investigations raise serious questions about the
fairness of such proceedings. Although the law states that the
right to defence will be guaranteed, it is impossible to accept that
the best possible defence can be prepared in such circumstances.
The time restrictions imposed by the draft law also prevent
courts from having the time consider cases thoroughly.
The draft law violates international standards relating to fair trial
to which Burundi is party, including the African Charter on
Human and Peoples' Rights and the International Covenant on
Civil and Political Rights (ICCPR), as well as international
standards on the death penalty by which Burundi is also bound.
BACKGROUND INFORMATION
Over 450 people are currently under sentence of death in
Burundi. Many were convicted after grossly unfair trials, and
without the possibility of appeal. The last executions of people
sentenced to death by civilian courts were carried out in 1997,
when six people were executed after grossly unfair trials.
In October 2000, two members of the Burundian armed forces
were executed after a summary trial in which they were denied
legal assistance. The two executed men were not allowed to
appeal against their sentence. Both had been convicted of high
profile murders.
Violent crime including rape, armed robbery and murder appears
to be on the increase in Burundi. The country has suffered over
10 years of conflict and decades of systematic human rights
abuse, perpetrated with impunity. The justice system is
overburdened and under-resourced as well as weakened by
corruption and political interference. Much of the population has
access to arms and many people live in desperate poverty. The
civil war has contributed to lack of respect for the rule of law.
RECOMMENDED ACTION: Please send appeals to arrive
as quickly as possible:
- express concern that a new draft law (Projet de Loi No...
Portant procedure speciale de repression des crimes flagrants
ou reputes flagrants de sang, de vols a main armee et de viol)
due to come before the National Assembly is in contravention of
international standards for fair trial;
- say that the law does not provide those being tried under this
special procedure with adequate time for the preparation of a
defence at any stage, or for the courts to consider their case
thoroughly, or to appeal against their convictions;
- say that the law could lead to death sentences being imposed
and executions carried out after unfair trials;
- refer to recent statements by government officials that indicate
an apparent willingness to resume executions, and point out that
numerous studies have failed to show that the death penalty is
any more effective than other forms of deterrent;
- express concern that it appears that Burundi is going against the
worldwide trend of abolition, and that the proposed law violates
international treaties to which Burundi is party, including the
African Charter and the International Covenant on Civil and
Political Rights; and
- call on the National Assembly to reject the law and to instead
impose a moratorium on executions.
APPEALS TO (Please note it can be difficult to get faxes
through. Please keep trying):
Speaker, National Assembly:
Monsieur Jean MINANI
President de la l'Assemblee nationale
Palais de Kigobe, BUJUMBURA
Republic of Burundi
Faxes: 011 257 23 26 22
Salutation: Monsieur le President / Dear Speaker
President of the Parliamentary Human Rights and Justice
Commission:
Monsieur Leonidas NTIHABAZI
President, Commission permanente de la Justice, des Droitsde
l'homme, de la prevention du genocide et de la lutte contre
l'exclusion
Assemblee nationale
Palais de Kigobe
Republic of Burundi
Salutation : Honorable / Dear Sir
Faxes : 011 257 23 26 22
COPIES TO:
Burundian Minister of Human Rights:
Monsieur Deogratias RUSENGWAMIHIGO, Ministre des
Droits de la Personne humaine, des Reformes institutionnelles et
des Relations avec l'Assemblee nationale, Ministere des Droits
de la Personne humaine
Bujumbura, Burundi.
Fax: 011 257 21 75 49
Ambassador Antoine Ntamobwa
Embassy of the Republic of Burundi
2233 Wisconsin Ave. NW Suite 212
Washington DC 20007
Fax: 1 202 342 2578
Please send appeals immediately. Check with the Colorado
office between 9:00 am and 6:00 pm, Mountain Time,
weekdays only, if sending appeals after December 31, 2004.
Amnesty International is a worldwide grassroots
movement that promotes and defends human
rights.
This Urgent Action may be reposted if kept
intact, including contact information and stop
action date (if applicable). Thank you for your
help with this appeal.
Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: [email protected]
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax: 303 258 7881
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END OF URGENT ACTION APPEAL
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