(Nairobi, February 12, 2015) – The
Burundian
National Defense Force and police committed at least 47 extrajudicial
executions between December 30, 2014, and January 3, 2015, following a
clash with an armed group in the northwestern province of Cibitoke,
Human Rights Watch said today. Armed members of the ruling party’s youth
league also participated in the killings.
“The Burundian security forces have a responsibility to defend citizens
against violence, but that cannot mean murdering those they have
detained,” said
Daniel Bekele,
Africa director at Human Rights Watch. “It appears that members of the
military and police made no effort to arrest most of the men who
surrendered, shooting them dead instead.”
The killings in Cibitoke are part of a broader
pattern of extrajudicial executions by Burundian security forces and members of the ruling party’s youth league
, going back several years
. The victims have included many
civilians,
as well as members of armed groups and other suspected opponents. The
executions in Cibitoke are one of the largest incidents of this kind in
recent years.
The limited information available on the armed group suggests its
members crossed into Burundi from neighboring Democratic Republic of
Congo in late December. Witnesses and military officials described the
men as well-armed. Some members of the group who were arrested told
Human Rights Watch that their objective was to establish a base in the
Kibira forest, east of Cibitoke, from which to “wage war” on the
Burundian government.
On the morning of December 30, there was a confrontation between the
Burundian military and police and the armed group in the town of
Rwesero. Members of the armed group scattered into Murwi and Bukinanyana
communes, where fighting continued for four or five days. In early
January, scores of members of the armed group surrendered to the
military, to the police, or to residents who handed them over to local
authorities.
The military and police, assisted by members of the youth league of the ruling party – known as the
Imbonerakure
– executed most of those who surrendered. Human Rights Watch travelled
six times to Cibitoke over 17 days in January and spoke with more than
50 people, including 32 witnesses to the killings, members of the armed
group in detention, and local government officials. Human Rights Watch
documented the killing of at least 47 members of the armed group by the
military, police, and
Imbonerakure between December 30 and January 3.
The spokesman for the National Defense Force told journalists on January
5 that 95 members of the armed group, as well as two soldiers and two
residents, were killed during the clashes, and that 9 members of the
armed group were captured and arrested. Other members of the group were
arrested later. 14 were still in Cibitoke prison in early February. The
spokesman denied anyone was killed after surrendering.
The first executions took place on December 30, in the town of Rwesero,
in Murwi commune, witnesses told Human Rights Watch. “I saw four rebels
captured,” one witness said. “They had their hands tied behind their
backs. The police and the
Imbonerakure beat them. Soldiers were
there too…The police were furious and told the population to leave.
When we walked away, I heard between 5 and 10 shots.”
On January 1, military and police shot dead six members of the armed
group on the edge of the Kaburantwa river, between Ngoma and Rugano
hills, witnesses said. A resident who watched the killings from Rugano
said: “At around 4 p.m. I went down to the river and saw six bodies
together. They had all been shot in the head.”
On January 2, soldiers and police shot dead 17 captured members of the
group in Kibindi forest, near Mpinga, in Murwi commune. Witnesses said
the fighters surrendered in small groups. Then soldiers and police lined
them up at the top of a cliff and shot them. Some fell off the cliff as
they were shot, the witnesses said. The soldiers, police, and
Imbonerakure pushed the other bodies off the cliff and
Imbonerakure went down to confirm they were dead.
Imbonerakure and local inhabitants buried the bodies later.
“The soldiers walked the men to a cliff above the road,” one resident
said. “Other soldiers in trucks arrived from the main road and came to
where we were. They shot at the rebels immediately. The rebels did not
have time to say much.”
Residents described how three local government officials – in Ngoma,
Kalema, and Murwi – either participated in killings or handed over
captured members of the armed group to the police or
Imbonerakure, who then killed them. Human Rights Watch interviewed all three, who denied involvement.
“On December 31 a rebel gave himself up [to a local government
official],” a witness from Kalema said. “As he surrendered, the local
population, including me, followed at some distance. When he got to the
local government office, [the official] shot him.”
In Murwi, a witness watched as a local government official handed over a
captured fighter to two police officers on January 1. The police
officers and a local
Imbonerakure then killed the fighter. “I
followed the police,” the witness said. “They stopped at a parking area.
The population was saying, ‘Don’t kill this man!’ An
Imbonerakure was there and he insisted on killing the rebel. He said that to the police and to the population. The police allowed the
Imbonerakure to accompany them. He left with the police and we heard shots some minutes later.”
Imbonerakure participated in the killing of other members of
the armed group who had surrendered. A witness said that on January 1,
she saw a member of the armed group being chased by seven or eight
Imbonerakure,
near Bambo hill, in Murwi commune. “The rebel saw that there were too
many of them, so he put his gun down and his hands up. An
Imbonerakure
said, ‘Kill this dog!’ and they hit him in the front of the head with a
hoe. He screamed when he was hit. We later found his body.”
“The involvement of police, military, and local government officials, as
well as youth from the ruling party, would indicate coordination and
state responsibility for these summary executions,” Bekele said. “The
Burundian authorities should immediately open an independent inquiry and
ensure that those responsible are brought to justice.”
The inquiry should investigate the responsibility of members of the police, military,
Imbonerakure,
and local government officials, as well as their commanders or
superiors. Those against whom there is substantial evidence of
involvement in these killings should immediately be suspended, arrested,
and prosecuted.
Burundian commissions of inquiry into past incidents of extrajudicial
killings have often been politicized, with some attempting to shield
perpetrators and discredit information from human rights groups. Those
responsible for these killings have rarely been made to answer for their
crimes. Donor governments, especially those that support the Burundian
security forces, should offer assistance in investigating the Cibitoke
killings, and the Burundian government should accept such international
assistance, Human Rights Watch said.
The US State Department in a February 5 statement said it was troubled
by reports implicating Burundian security forces in the extrajudicial
killing of at least two dozen members of a rebel group after they
surrendered in Cibitoke in early January. The US statement said the
Burundian government should fully and credibly investigate these
allegations, prosecute any crimes that may have been committed, and hold
those responsible accountable.
“Governments such as the Netherlands, which supports the Burundian
police, and the United States, which supports the Burundian army, should
insist on a transparent and meaningful investigation,” Bekele said.
“They should make clear to the Burundian government that they will not
continue to support institutions or units responsible for abuses until
the authorities bring the perpetrators to account.”
Extrajudicial Executions in Murwi and Bukinanyana Communes
Rwesero, December 30
Local residents said that military and police killed at least six
members of the armed group in Rwesero, in Murwi commune, on December 30.
“On Tuesday December 30 I was in town,” one resident said. “The police
and soldiers were telling people to help them search for the rebels. I
saw a man killed… It was on the road. The police shot him and he fell
next to five other bodies that were already lying on the road. They shot
him in the head, like the others. Some of the dead men were naked.”
Kaburantwa River, January 1
On January 1 military and police cornered approximately 13 members of
the armed group in a valley between Ngoma and Rugano hills, along the
Kaburantwa river, in Murwi commune. A local resident told Human Rights
Watch:
I was on the Ngoma side of the river. The soldiers arrived at around 11 a.m. They were guided by the Imbonerakure.
Then another team of soldiers came from the Rugano side…There was a
fight [with the armed group]. Soon six rebels came out of the bush and
wanted to be prisoners [handed themselves in]… The soldiers said they
would take them as captives, but a policeman said, ‘No, give me my gun
so I can show you. I will get rid of them’…We were close by. The police
had told us not to approach, but we continued to approach. The rebels
tried to plead for their lives. One was very young and he said, ‘I am
still at school. Call the director, I just did my exams. I was given a
job to transport material and I was promised 100,000 to 150,000
[Burundian] francs [approximately US$65 to $95].’ The police tied the
rebels’ hands behind their backs. They made them lie on the ground and
they shot them in the head one by one… There were many local people who
saw this. We are afraid of what we saw.
Another witness said:
I was coming down the hill as the police came from Rugano…The rebels were hiding in a small bush along the river…The Imbonerakure
were there too…The rebels were surrounded. They did not fire back, they
had no way out, they saw they could not win. The police and military
were saying, ‘Come out, come out! We will not do anything to you!’ Six
rebels came out, some holding their guns above their heads. Others had
left their guns behind and came out with their hands on their heads. The
six approached the soldiers saying, ‘Forgive us. We are students. If
you want, you can take us to our homes to confirm what we are saying is
true’…They said they were 18 and 19 years old. You could see they looked
like students… But the soldiers tied them up with their arms behind
their backs.
Then the police and soldiers pushed them to the ground and told us
all to leave. A police officer said to me, ‘We are going to show them
the way home, as they have asked us to do.’ The Imbonerakure
stayed with the police and soldiers…I started to move back and I heard a
succession of single shots…I returned to see the bodies. I saw two
straightaway. Both had been shot in the head. The Imbonerakure were taking photos of the dead.
Kibindi, January 2
In one of the most serious incidents, on January 2, military and police
encouraged at least 17 members of the armed group to surrender in front
of scores of witnesses, in a small forested area called Kibindi, near
Mpinga, in Murwi commune, then executed them. A local resident said:
I was with [soldiers] because the chef de zone [local
government official] had sent me to guide them… When we arrived,
soldiers [who had come from another location] were shooting into the
valley and the rebels shot back. The fighting did not last long and soon
the soldiers were shouting, ‘Come out peacefully! We will not hurt you!
If you don’t, we will come and find you down there!’ The rebels came
out, some in small groups, others one by one, with their guns above
their heads. The Imbonerakure tied them up, searched their clothes and took anything they could. I counted 17 rebels.
There were many local people watching… The commander of the soldiers
made a call on his Motorola and said, ‘We have rebels with guns.’ The
man he was talking to said, ‘I want the guns, but I do not want the
men.’ I was right next to the soldier so I heard that…They took the
rebels to a cliff. The men were tied up. They shot them, all at the same
time. Then they fell down… Afterward, the Imbonerakure went down to confirm they were dead.
Another resident said he had been helping the
Imbonerakure
and soldiers look for members of the armed group when he witnessed the
executions: “There were many rebels deep in the valley where it is
difficult to climb up…Seventeen rebels surrendered with their guns above
their heads. As they surrendered, they said, ‘Do not shoot, we are
coming out because we know we can’t win.’ The
Imbonerakure tied
up the rebels. The military and police shot the men on the road near
the valley. Before they were shot, some of the rebels were pleading, ‘I
am a student,’ or ‘I finished school, but I did not find a job, forgive
me.’”
A local resident said:
There were many soldiers and police. They were with Imbonerakure
who had machetes…The rebels looked tired and hungry. They surrendered
with their hands up. They were coming out one by one. Some had their
guns above their heads and they gave these guns to the soldiers. As they
came out, some said, ‘We are surrendering, do not kill us.’ The Imbonerakure
used the rebels’ belts to tie them up. The police and soldiers were
yelling, ‘Come, come, we will not do anything to you. All of you come
out!’…When the rebels were tied up on the road, the police and soldiers
took photos of them with their telephones… They lined them up on the
road. Then they shot them all in a line. It was a barrage of bullets… On
the side of the road there is a cliff, and the rebels fell down.
The witness described how
Imbonerakure went down into the valley and chopped the victims’ bodies with machetes to make sure they were dead.
Human Rights Watch visited Kibindi on January 22 and found pieces of
clothing, bullet casings, and a large patch of disturbed earth at the
bottom of a steep hill, in a location corresponding with witness
accounts.
Ngoma, January 2
Residents from Ngoma, in Murwi commune, said that on January 2, three
members of the armed group handed themselves in to the local population
and asked to be taken to a local authority. On the way to the local
government office, the residents encountered a group of soldiers. A
witness said:
The soldiers asked, ‘Are you bringing more rebels from the bush?’ We
said, ‘They want to go the authorities.’ One of the rebels said, ‘Let us
live and take us to the authorities and we will give information.’ But a
soldier said, ‘No, that is not possible’ and he said to his men, ‘Take
them.’ The rebels were on their hands and knees, crying and saying,
‘Forgive us!’ The soldier kicked the rebels. The soldiers brought the
rebels to an area [nearby] and all three soldiers shot them at the same
time. Then they threw some soil on the bodies and left.
Involvement of Local Government Officials
Witnesses from three locations said that local government officials
participated in killing captured members of the armed group or handed
them to police and
Imbonerakure who killed them.
Kalema, December 31
Several residents told Human Rights Watch that on December 31 a local
government official shot a captured fighter in Kalema, a small town on
Gahabura hill, in Bukinanyana commune. “I was at Kalema, coming from the
market,” one witness said. “A rebel was brought there by the local
population. He asked to be taken to an authority. He was maybe 20 years
old. [The local government official] was there with the police. He did
not say anything to the rebel. He told a police officer to shoot him.
The officer refused, so [the local government official] took the
officer’s gun and shot the rebel in the chest.”
On January 22 the local government official told Human Rights Watch:
“Nobody was killed here… It was only the military and the police who
were fighting. I was just coordinating between the population and the
police and the military.”
Ngoma, January 1
Ngoma residents said that on January 1 two members of the armed group
surrendered at the office of a local government official. Six witnesses
said they saw the official with the men. The official ordered a police
officer and two
Imbonerakure to take the two fighters, and he
left with them. Moments later, residents heard gunshots. Several
residents said they later found the two men’s bodies.
“I saw two rebels who had been taken to the office,” one resident said.
“[The local government official] arrived after they were there. He gave
the order for the
Imbonerakure and a policeman to take them and
the rebels were tied up. Sometime afterward, I heard shots.” Another
resident said he saw the two men who had surrendered leave with two
Imbonerakure
and one policeman: “A few minutes later, we heard shots. [The local
government official] walked back to his office…I saw the rebels’ bodies.
I went there because I wanted to know if the rebels had been killed.”
On January 23 the local government official told Human Rights Watch: “I never gave the authority to an
Imbonerakure or to the police to transport a rebel. I never saw a captured rebel.”
Mirombero, January 1
Multiple witnesses said that on January 1, they saw a local government
official hand over a surrendered fighter to two policemen at the
official’s office. The policemen took the man to a small motorcycle
parking area in Murwi, where they met an
Imbonerakure. A large
group of local residents surrounded the fighter as the Imbonerakure and
the police discussed what to do. From there, the police drove to a
nearby primary school where the fighter was shot. A local resident said:
A rebel arrived at Mirombero and asked the population to take him to
the [local government] office. They took him to the [local government
official]. I saw this, because whenever someone was caught, everyone
would run and look. The police were calling for us to come and see the
prisoner. … After some time, he was put on a motorcycle with two police
officers and they left. I saw the dead body the next morning at the
primary school. He had been shot. I recognized his clothes. It was the
same man I saw with [the local government official].
Another witness said:
When I heard there was a captured rebel, I joined many people at the
local jail who wanted to see him. A policeman tied him up with a rope
from a mosquito net. The [local government official] was there with two
assistants. The head of the communal police was there as well…They went
behind the jail to talk among themselves… People were saying, ‘We should
have pity on this man because he gave himself up.’ Then he [the local
government official] came back and ordered the policemen to take the
rebel away on a motorcycle taxi. We all followed them. An Imbonerakure
came. The rebel said to us, ‘Help me to ask for forgiveness.’ But the
motorcycles left…Everyone at Mirombero later saw the body.
On January 25 the local government official told Human Rights Watch: “If
we have a captive, we have to give him to the law enforcement forces.
On January 1 I heard a captive was with the security forces, but he was
transferred. I never gave a captive to the police. I do not know
anything about what you have heard.”
Involvement of Imbonerakure
Human Rights Watch collected extensive information on the participation of the
Imbonerakure in the fighting and executions of captured members of the armed group in Cibitoke. The
Imbonerakure
(meaning “those who see far into the distance” in Kirundi) are the
youth league of the ruling party in Burundi, the National Council for
the Defense of Democracy-Forces for the Defense of Democracy (CNDD-FDD).
They are drawn from local communities across the country, so people are
easily able to identify them, both by face and by name.
In Cibitoke, the military and police used
Imbonerakure from Murwi and Bukinanyana communes as guides and to transport munitions. Most of these
Imbonerakure carried machetes; some carried firearms. Witnesses from Buganda said they saw the military and police give
Imbonerakure firearms and transport them to Murwi commune. The
Imbonerakure participated in the killing of captured fighters in Mirombero, Ngoma, and other locations in Murwi.
A resident of Buganda said that on December 30, “The army and the police transported the
Imbonerakure in their trucks. The
Imbonerakure were taking orders from the soldiers and the police…The
Imbonerakure
are really well known by the population. We know who they are and we
know their names. From Tuesday [December 30] to Thursday [January 1] I
saw many
Imbonerakure making their way into the hills.”
The
Imbonerakure have often been at the forefront of human
rights abuses against real or suspected opponents of the CNDD-FDD. The
CNDD-FDD used the
Imbonerakure during the 2010 electoral period to
intimidate and harass political opponents. From 2010 to 2012,
Imbonerakure members frequently
attacked and threatened
former members of the National Liberation Forces (FNL, an armed group
that became a political party) and other suspected opponents, sometimes
jointly with members of the intelligence services or the police.
Threats to Residents of Murwi and Bukinanyana Communes
Many residents who spoke to Human Rights Watch said they did not support
the killing of surrendered fighters. “The population is not happy,” one
man said. “Even if someone is at fault, they should be transferred to
an authority, not killed in front of us. This is a tragedy.”
At least 24 residents told Human Rights Watch that local officials and
Imbonerakure had warned local people not to speak about the executions.
A Ngoma resident said: “The local authority and the
Imbonerakure are saying, ‘If you are not happy with what happened, you are with the rebels and we will kill you.’”
A resident of Gahabura said: “The
Imbonerakure are saying, ‘Be careful. If you speak about this, you will be punished.’ People are scared to talk to journalists.”
These threats continued for several weeks after the killings. A resident of Murwi told Human Rights Watch on January 24: “The
Imbonerakure
are still threatening people. We had to come here [to talk to you] in
hiding. If we say we spoke to you, they will cut our throats.” A
Gahabura resident told Human Rights Watch on January 26, “If the
authorities knew I was here, it would be suicide.”
Government Response
Despite repeated attempts, Human Rights Watch was unable to obtain a
substantial response to the events in Cibitoke from national government
authorities.
Human Rights Watch requested meetings on January 20 with the ministers
of defense and public security, but was told they were unavailable. On
January 27, the deputy spokesman for the national police, Pierre
Nkurikiye, told Human Rights Watch that he had been in Cibitoke at the
time of the fighting, but that Human Rights Watch should request a
response from the military instead, since it was a military operation.
When a Human Rights Watch researcher told him of reports of executions
by the police, he responded: “We have internal security reports every
morning. I did not see anything like that in these reports and I can
only speak about what is in these reports.”
Human Rights Watch sought a meeting with Col. Gaspard Baratuza, the
spokesman for the National Defense Force, but he did not agree to meet,
saying over the phone on January 26 that, “I have already said many
things publicly about this attack.” He referred Human Rights Watch to
his comments on the public record.
On January 5, an Associated Press article quoted Baratuza as saying: “No
one was killed after surrendering or after being arrested.” In a news
conference on January 5, Baratuza told journalists: “To say that [some
people] were executed after putting down their weapons with their hands
in the air, I say and I repeat: the military are professional and know
what they are doing. They cannot do that. I am absolutely certain.” He
said that if there were any such case, it would be subject to strict
sanctions. He said the rules required soldiers “at best to capture
[armed opponents] and “to kill [them] if things go wrong.” He said the
military knows how to treat prisoners and that high- and low-ranking
military members know they have to respect international humanitarian
law.
Video footage released by the British Broadcasting Corporation (BBC) on
January 28 showed Baratuza saying: “Those people who are saying
that they have seen [killings] with their own eyes, I can’t say that is
true… the population was not on the ground.” He said members of the
armed group were killed in the fighting and referred to “the principle
of reciprocity.”
On January 26 Anselme Nsabimana, the governor of Cibitoke province, told Human Rights Watch that the
Imbonerakure
could not have fought alongside the military and police and that if any
local authorities had participated in or were complicit in killings, it
would be “a scandal.” When Human Rights Watch presented him with its
preliminary findings on the executions, he said: “I do not know anything
about this. This is new to me. This information was given to you by
people with hidden agendas. They want to tarnish the government.”
Armed Group on the Congo/Burundi Border
Human Rights Watch has been unable to confirm the identity of the armed
group that crossed into Burundi from Congo in late December, or to
identify its leaders or supporters.
On January 26 a Human Rights Watch researcher interviewed five captured
members of the group in Cibitoke prison. Most said they had been
recruited to join the armed group beginning in mid-2014; one said he was
recruited in 2013. Most said they had been recruited to work in Congo,
Uganda or Tanzania and claimed they were not aware that they were
expected to join an armed group.
Once they arrived in Congo, they were not allowed to leave, they said.
One said commanders caught him when he tried to escape and locked him in
a room for three weeks.
The recruits were based in the village of Mutarule, in the Congolese
province of South Kivu, close to the Burundi border. They received basic
military training in the surrounding area. They said the training was
minimal – in one case, just lasting three weeks. One said he had never
fired a gun during training, but was taught how to use one.
The detainees told Human Rights Watch they were sent from Congo to
Burundi with the aim of establishing a base in the Kibira forest and
recruiting more fighters to prepare an eventual offensive against the
Burundian government.
Burundian armed groups have been active in Congo’s South Kivu province
for several years. These groups have included elements of the FNL and
smaller, lesser-known groups that have taken advantage of the relative
lawlessness of eastern Congo to set up bases there, sometimes forming
alliances with Congolese armed groups.
Fighting between December 30, 2014, and January 3, 2015
In the night of December 29 to 30, members of the armed group crossed
the Rusizi river between Congo and Burundi into Cibitoke province. On
the morning of December 30, they told residents of Rwesero they were on
their way to the Kibira forest. “I saw men walking by,” one resident
said. “They were armed. They had other men with them who were
transporting baggage, food, and cooking pots. Some were very young, 14
or 15 years old. Some were wearing military shirts and training pants.
Others were in full military uniform. They asked for the way to Kibira
and we told them that they were on the right road.”
Burundi military and police engaged the armed group soon after they
arrived in Rwesero, and members of the group initially fought back. A
resident near Mpinga said that on January 2, he was guiding soldiers on
the road when they were attacked: “The rebels shot at us. A soldier’s
gun was hit and knocked from his hand. When the shots were fired,
everyone fell to the ground. We heard many shots, but we could not see
anything. There was an exchange of fire and a short fight.”
Members of the armed group then scattered quickly across Murwi and
Bukinanyana communes, with one group of 40 to 50 moving toward Mpinga.
Residents said that local authorities, military, and police pressured
the local population to transport equipment for them and to show them
locations where the members of the armed group had passed or might be
hiding. On January 22 a local government official in Kalema confirmed to
Human Rights Watch that residents had helped the military transport
their belongings and show them the way.
source :https://www.blogger
