Burundi: A critical moment for justice

Having reviewed the draft law Amnesty International calls on Burundi’s parliament to ensure that the following key principles and accompanying recommendations are reflected in the law before adopting it. [...] Amnesty International also urges the Government of Burundi to make the process of establishing the TRC open and transparent and offer civil society organizations in Burundi the opportunity to comment on the draft law. [...] Under the draft law, the TRC would be able to recommend criminal prosecutions against those suspected for serious human rights violations but the law should specify that the Special Tribunal will have an independent prosecutor who can investigate and prosecute cases other than those referred by the TRC or set aside those cases recommended by the TRC. [...] Article 6 (3, hyphens 4) states that the commission would “publish a list of victims who have granted pardon as well as one of perpetrators who have benefitted from a pardon.” Article 65 also states that the TRC would be able to create a procedure for victims to pardon perpetrators:“ With a view to bringing about a rapprochement and reconciliation between the victims and the alleged perpetrators, [...] The methodological section of the report notes that certain crimes under international law cannot be amnestied, but this does not appear in the draft law itself.