Commission proposes two-year immunity for political criminals

Burundi’s judicial commission has proposed a bill granting temporary immunity to those who have committed politically motivated crimes, Burundi news agency Net Press reported on Monday. According to Net Press, the bill was inspired by the Arusha accord and deals with crimes committed before the signing of the accord on 28 August 2000. The commission is constrained by lack of time since this law must be able to temporarily protect politicians who may decide to return from exile before the new transitional government is set up on 1 November 2001. The minister of human rights, institutional reforms and relations with the national assembly, Eugene Nindorera, told journalists at the weekend that the concept of politically motivated crime had also been set aside from other judicial matters.

However, the commission was of the opinion that “temporary immunity” be granted for a period of two years, conforming to the Burundi context. “Whatever the case may be, it will be necessary to show political responsibility,” it noted. It said that the commission had a lot of trouble defining who would benefit from the immunity. It reportedly let the political arbitrator choose from three options: to grant immunity to all those who had committed crimes between 1 July 1962 and 28 August 2000, those who had breached state security, and those who had committed “political” crimes other than serious common law violations. The commission set aside those who would benefit from the temporary immunity, those who had already been sentenced, defendants who were in detention and those guilty of very serious crimes such as genocide. On completion of the immunity period, there must be a re-trial, because in all cases, amnesty should have been avoided, Nindorera said.