CASE No - Inter-Parliamentary Union

- 4 - CL/183/SR.1
ANNEX IX
4. Recalls that the revocation of the parliamentary mandate is a serious measure, as it
irrevocably deprives the members of parliament concerned of the possibility of carrying out
the mandate entrusted to them by the people, and that it must therefore be decided in full
accordance with the law and only for serious reasons stipulated in the law;
5. Expresses therefore deep concern at the Constitutional Court ruling, as it takes account
neither of the provisions in the Constitution dealing explicitly with the loss of the
parliamentary mandate, nor of the relevant provisions in the Electoral Law and the
Standing Orders; nor does it refer to the preparatory work of the Constitution or to the
views and legal arguments of the parliamentarians concerned;
6. Notes in this respect that, in his report to the United Nations Human Rights Council at its
9 th session, the independent expert on the situation of human rights in Burundi expressed
deep concern at this decision, stating as follows: “the Court appears to have been enlisted
by the executive to serve a specific political objective, thereby bringing into question its
independence and credibility. By acting in this compliant manner, the Court has lent
credence to the widely-held belief that the whole machinery of justice in Burundi is
beholden to the executive”; 22
7. Expresses, moreover, deep concern at the reported issuing of arrest warrants for the six
persons mentioned above, and the arrest of four of them on reportedly arbitrary grounds
and in violation of procedural rules; and wishes to ascertain as a matter of urgency the
legal and factual grounds to justify the issuing of such warrants, as well as the arrest and
detention of the persons concerned;
8. Urges the National Assembly and the competent authorities to return to the negotiating
table, and requests the Assembly to receive urgently the planned IPU follow-up mission so
that it can resume its good offices function in support of political dialogue, which alone can
provide a lasting solution to the problems that have arisen and contribute to the
stabilization and democracy-building called for by the Burundi parliamentary authorities;
9. Requests the Secretary General to convey this resolution to the Presidents of the National
Assembly and of the Senate;
10. Requests the Committee to continue examining this case and report to it at its next session,
to be held on the occasion of the 120 th Assembly of the IPU (April 2009).
22 A/HRC/9/14, 15 August 2008.