Burundi court frees coup suspects

Published Oct 6, 2006

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By Sadi Niyungeko and Eric Manirakiza

Bujumbura - Burundi's High Court on Friday temporarily released seven detainees suspected of involvement in a coup plot, but prosecutors immediately appealed the ruling and ordered prison officials not to abide by the court decision.

Police arrested the country's former President Domitien Ndayizeye and six others in August, saying they had strong evidence they were plotting to assassinate President Pierre Nkurunziza and overthrow the government.

But the suspects said the allegations had been invented to squash dissent and asked the courts to free them pending trial. Prosecutors argued the accused should be kept in custody.

"The High Court has noted that the request to extend the accused stay in prison is not acceptable," the High Court ruled on Friday.

Burundi's Prosecutor-General Jean Bosco Ndikumana, filed a quick appeal and ordered the head of Bujumbura's main prison not to release the suspects.

"Following the High Court's decision to give provisional freedom to the accused, we have made an immediate appeal in another chamber of the court and we now order you not to free the prisoners," a letter addressed to the prison boss obtained by Reuters said.

Ndayizeye, a Hutu, led Burundi's transitional government from April 2003, before Nkurunziza, who is also a Hutu, was sworn in last year after democratic polls.

He criticised the government's move to try to keep him and his co-defendants in custody.

"We don't understand what is going on. We have been given temporary freedom by the High Court, there is no way the prosecutor can oppose that," Ndayizeye told reporters inside prison.

Diplomats have said the coup saga could destabilise Burundi, which is tasting peace for the first time in more than a decade after a civil war killed more than 300 000 people.

The Burundi government has also come under pressure over its record on democracy and freedom of expression after a spate of arrests of activists and journalists since May.

On Friday, police in Bujumbura dispersed a group of lawyers protesting outside the main courts with burning candles and flashlights to symbolise what they said was a lack of justice in the country, witnesses said.

The peaceful demonstrations marked the end of a week-long lawyers' strike called to protest delays and perceived bias in judgements. The strike paralysed Burundi's court operations.

"We have demonstrated with candles and flashlights... because we are looking for justice with these special lights. It is difficult for us to see justice in Burundi with our eyes," Marc Birihanyuma, a top lawyer, told reporters.

Witnesses said police did not use force because the lawyers dispersed peacefully when ordered to do so.

The lawyers have also been protesting the jailing of a colleague, Isidore Rufyikiri, who is among those accused of being involved in the coup plot.

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