Almost four months after his appeal hearing at the Bujumbura Court of Appeal on 26 November 2018, the judicial case file of Burundian human rights defender, Germain Rukuki, has gone missing. In December 2018, the Government of Burundi decided to divide the Bujumbura Court of Appeal into three separate appeal courts, and the file apparently went missing during the reorganization.
Germain is appealing against his wrongful conviction by the Ntahangwa High Court and 32-year prison sentence, the longest prison sentence imposed on a human rights defender in Burundi. He is still awaiting the Court’s decision, which was initially expected within 30-days of the appeal hearing.
The loss of his case file further violates Germain Rukuki’s right to a fair trial, in addition to the multiple irregularities and undue delays that have characterized the legal proceedings since his arrest in July 2017.
We, the undersigned non-governmental organisations, strongly condemn this blatant miscarriage of justice and insist that Germain’s conviction is unlawful and part of a pattern of systematic attacks against human rights defenders and dissent voices since 2015, as echoed by the international human rights community, international and national civil society, as well as the United Nations and the Commission of Inquiry on Burundi in its reportreleased in September 2018.
We, the undersigned organisations, call on Burundian authorities to:
- Release Germain Rukuki immediately and unconditionally, and quash his conviction and sentence;
- Comply with international and regional human rights standards, notably the rights to freedom of expression, association and peaceful assembly, and the right to a fair trial;
- Until he is released, ensure Germain Rukuki and his lawyer have timely and adequate access to his case file;
- Launch an immediate, effective, impartial and transparent investigation into the circumstances of and responsibility for the loss of Germain Rukuki’s file;
- Recognise the legitimacy of human rights work in Burundi and ensure a safe and enabling environment in which it is possible to defend and promote human rights without fear of punishment, reprisal or intimidation…..
For the list of Signatories, see link below: https://www.defenddefenders.org/statement/burundi-21-international-and-burundian-human-rights-organisations-condemn-new-irregularities-in-the-case-of-germain-rukuki/
Hans Thoolen on Human Rights Defenders and their awards 
June 14, 2019 at 00:25
[…] Germain Rukuki’s legal proceedings since his arrest without warrant on 13 July 2017. [See: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-o…%5D. For more information on the situation of human rights defenders in Burundi, check ISHR Briefing […]
September 5, 2019 at 12:42
[…] The Burundian Government suspended one of the last remaining independent civil society organisations (PARCEM), suspended the operating license of the Voice of America, revoked the license of the BBC, and forced at least 30 international non-governmental organisations to cease their activities. On 17 July 2019, the Ntahangwa Court of Appeal upheld the 32-year prison sentence against HRD Germain Rukuki. [see also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-o… […]
February 24, 2020 at 13:54
[…] Burundi. At the last Council session, the Council renewed the mandate of the Commission of Inquiry on Burundi, which will present its oral briefing on 10 March at 10:00. ISHR remains highly concerned about the human rights situation in Burundi and its refusal to cooperate with the Council’s mechanisms. For more information on the situation of human rights defenders in Burundi, check ISHR Briefing Paper for the UPR here. See also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-o… […]
November 9, 2020 at 13:42
[…] Rukuki from Burundi, who is serving a 32-year prison sentence for his peaceful activism [see also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-o… […]
February 22, 2021 at 14:24
[…] and stop reprisals against defenders for engaging with any international mechanisms. See also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-o… The Council will hold an interactive dialogue with the Commission of Inquiry on Burundi on 10 […]
June 22, 2021 at 13:13
[…] On 30 June 2020, the Supreme Court of Burundi set aside the ruling by the Appeals Court to uphold the 32-year sentence in Rukuki’s case and ordered a second appeal hearing, citing violations to his right to a fair trial. This second appeal hearing took place 8 months later on 24 March 2021 in Ngozi prison, where he is currently detained. According to the Burundian Code of Criminal Procedure, following the hearing the Court has 30 days to return a verdict on the case, but this verdict is still pending nearly 60 days later. This delay clearly demonstrates a lack of due process in the case of the internationally recognised human rights defender and political prisoner. In an open letter, a group of civil society organisations denounced the dysfunctioning of judicial proceedings in the country. After confirming the 32 years sentence of defender Germain Rukuki, Burundi continues its crackdown against civil society. Germain Rukuki has now spent nearly 4 years in prison. He has already waited an additional 30 days for this final verdict to be announced without any legal reason; he should not have to wait any longer. In addition to ensuring the continued work of the Commission of Inquiry on Burundi, members of the Council need to call on Burundi to demonstrate their commitment to respect the independence of the judiciary and comply fully with the fair trial obligations of Burundi under international law and announce the verdict in this case without any further delay. [see also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-o…%5D […]
July 3, 2021 at 13:21
[…] See also: https://humanrightsdefenders.blog/2019/03/29/ngo-statement-condemns-new-irregularities-in-the-case-o… […]