Context and necessity of creation of the Collective

Context and necessity of creation of the Collective

Since its independence, Burundi has often been bereaved by cyclical crises whose perpetrators have gone unpunished. This situation has left Burundi in a vicious cycle of violence. The Arusha Peace and Reconciliation Agreement signed in Burundi on 28/8/2000 provided for transitional justice mechanisms to remedy this situation.

Yet 15 years after the signing of this historic agreement, at a time when Burundians were waiting for the truth, justice and reconciliation, President NKURUNZIZA systematically violated this agreement through his forcing towards the third mandate, which illegal forcing won over more. 1,000 lives. From 26/4/2015, several hundred people were savagely killed by police while peacefully demonstrating, others extracted from their homes by police to find their bodies the next day. Tales of atrocious torture are reported by those who have been to improvised and illegal prisons where, with impunity, extrajudicial executions, enforced disappearances, which, alas, are doing most of the daily news in Burundi for more than ten months !

In the aftermath and at the moment a rampant genocide currently performed in disguised form called “KAMWE KAMWE” (ie one to aun), fueled by hate speeches that are repeatedly spoken by the high self-proclaimed authorities of the country and after the mass killings of 11/12/2015 where hundreds of innocent civilians were summarily executed after the attack of the military camps by unidentified armed groups; it is paradoxical and even surprising that the Truth Reconciliation Commission (without credibility with the population in the sense that its implementation was not consensual and that the founding text obscures justice) claims to launch activities at the end of the month February 2016 to limit the investigations to the year 2008 while innocent criminals currently in power while more than 1000 people have died in the atrocious repression of the demonstrations and the political-ethnic genocide that followed and who continues even now.

Faced with this catastrophic situation and finding that lawyers who continue to practice their profession in Burundi are constantly threatened and severely limited in their interventions, Burundian lawyers in exile in neighboring countries of Burundi had the idea to set up a collective victims of crimes under international law committed in Burundi, in order to fight for intervention by international justice as long as national justice is strongly subordinated to the regime in place and serves as an instrument of repression of any discordant voice .

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