International Bar Association (London)
10 July 2008
press release
Today, the International Bar Association’s Human Rights Institute (IBAHRI) released the trial observation report, Burundi: the Media on Trial, and welcomed the acquittal of four leading Burundi journalists of offences relating to their reporting of an alleged coup plot.
The accused journalists, Mr Serge Nibizi and Ms Domitile Kiramvu of Radio Publique Africa; Mr Corneille Nibaruta of Bonesha FM; and Mr Mathias Manirakiza of Radio Isanganiro had been charged in November 2006 for broadcasting reports that the army was planning to stage a fake coup against President Pierre Nkurunziza of Burundi. The Prosecution claimed that the broadcasts endangered public order contrary to Articles 10, 11 and 50 of the Law of the Press.
The trial was held on 14 December 2006 and the journalists were acquitted. However, the acquittal was appealed later that month. After many adjournments, the appeal was finally heard on 30 April 2008 leading to the exoneration of the journalists. The IBAHRI observed these hearings.
‘Protection of free expression is a vital element in a democratic state,’ said Emilio Cardenas, Co-Chair of the IBAHRI. ‘Journalists must be free to report without unreasonable fear of sanction. This acquittal signals that free expression is protected by the Burundi courts.’
Mr Daniel Leader, the IBAHRI observer for the initial trial, stated at the time that, ‘While the trial on 14 December 2006 appears to have been conducted fairly, I was extremely concerned about the basis for the charges in law. The prosecution did not bring its case clearly, and the detainees were never clearly and fully informed about what charges they were facing. This is undoubtedly a breach of international law, which guarantees the rights of those charged with a crime to be informed promptly, clearly and in detail of the charges levied against them.’
The IBAHRI observer for the appeal hearing, Mr Eugene Ntaganda, reported that, while the proceedings were broadly fair, the excessive delay in hearing the appeal through approximately six adjournments breached the international requirement that the journalists be tried within a reasonable time.
In the resulting observation report, the IBAHRI concludes that the pre-trial and trial proceedings in respect of the four journalists were fair. With all four journalists having now been acquitted, and the acquittal being upheld on appeal, it demonstrates that the hearing took place before an independent and impartial tribunal. However, there remain concerns that the nature and cause of the criminal charges against the four journalists were and remain unclear, contradictory and without basis in Burundian law, representing a breach of international norms. Also, the IBAHRI remains concerned that the unacceptably long period of time between the trial and the appeal hearing through numerous adjournments breached international protections requiring that the journalists be tried without undue delay.
Click here to download the full report: Burundi: the Media on Trial from the IBA’s website at: www.ibanet.org/images/downloads/07_2008_July_Report_Burundi_The_Media_on_Trial_Final.pdf
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