Hans Thoolen on Human Rights Defenders

The conviction of four Burundian journalists in a flawed trial on January 30, 2020 is a clear example of the misuse of the justice system to stifle freedom of expression, Human Rights watch said on 4 February 2020.

The High Court of Bubanza, in western Burundi, convicted Christine Kamikazi, Agnès Ndirubusa, Egide Harerimana, and Térence Mpozenzi – all of whom work for the country’s last remaining independent newspaper, Iwacu – and sentenced them to two and half years in prison and a fine of approximately US$530. Although they were charged with complicity in threatening the internal security of the state, they were ultimately convicted of attempting to commit the crime, a lesser criminal offense against which, their lawyers say, they were not allowed to defend themselves in court. They will appeal the conviction.

“Reporting on issues of public interest should not result in a criminal prosecution,” said Lewis Mudge, Central Africa director at Human Rights Watch. “The authorities are leading an assault on free expression in the months before the country’s 2020 elections.” These proceedings lay out in stark terms the politicization of the judiciary in Burundi, Human Rights Watch said.

The court acquitted Masabarakiza, who had already been released from pretrial detention. The judge ordered that the phones, camera, company car, recorders, and notebooks seized from the convicted journalists should be returned to Iwacu. Neither the accused nor representatives of the diplomatic community in Burundi were present when the verdict was announced. On January 16, 2020, the European Parliament adopted a resolution calling on Burundi’s authorities to drop charges and immediately and unconditionally release the four journalists and all others arrested for exercising their fundamental rights. It also called for European diplomats in Burundi to attend trial proceedings of journalists, human rights activists, and political prisoners, and to visit them in prison, in line with the EU Guidelines on Human Rights Defenders. The diplomatic community in Burundi should publicly show its solidarity with the Iwacu journalists by attending the appeals hearings and visiting them in prison.

The convictions form part of a pattern of government repression of people attempting to expose abuse or report on sensitive issues. They take place against a backdrop of an increasing crackdown on perceived government critics, in advance of elections scheduled to begin in May. Prosecutions, threats, and intimidation have forced many activists and journalists to stop working on sensitive political or human rights issues, or leave the country. [see also: https://humanrightsdefenders.blog/2019/03/05/un-human-rights-office-in-burundi-formally-closed/]

In the run up to the vote, ruling party youths and local administrators have arbitrarily arrested, disappeared, and killed real and suspected opposition members with near-total impunity. Human Rights Watch has also documented that they beat, extorted, and blocked access to public services for Burundians across the country to force them to “donate” money and goods for the elections and the ruling party.

https://www.hrw.org/news/2020/02/04/burundi-journalists-convicted-flawed-trial

https://www.omct.org/human-rights-defenders/urgent-interventions/burundi/2020/02/d25688/