Situation in the Republic of Burundi (Decision Pursuant to Article 15 of the Rome Statute on the Authorization of an Investigation)

Legal Relevance

Keywords: Deprivation of Liberty | Burden of Proof | Crimes Against Humanity

Themes: Characteristics of the Crime | Persons and Groups Affected

In this Pre-Trial Chamber decision, the Chamber did not make a final finding on the commission of the crime against humanity of enforced disappearance. Rather, in light of the evidentiary threshold required for the authorisation of an investigation, the Chamber found a reasonable basis to believe that the crime of enforced disappearance was committed by security forces and members of the ruling party against civilians who opposed or were perceived to oppose the ruling party, as part of a widespread and systematic attack against the civilian population. The Chamber held that the victims were removed from the protection of the law for a prolonged period of time, as their whereabouts remained unknown for several months. It also held that it was possible to infer the intention to remove the victims from the protection of the law merely from the arbitrary manner in which they were deprived of their liberty. This was possible even in the absence of detailed information on the authorities’ refusal to acknowledge the deprivation of freedom or to give information on the fate of the victims. With this decision, the Chamber authorised the Prosecutor to investigate the situation in Burundi in order to decide whether to open a case before the Court.