Advanced Search
MyIDEAS: Login to save this paper or follow this series

L’annulation de la condamnation à mort de Pierre Nkurunziza, Président de la République du Burundi: un commentaire de l’arrêt du 8 juillet 2011 de la Cour Suprême dans l’affaire RPSA 280

Contents:

Author Info

  • Vandeginste, Stef
Registered author(s):

    Abstract

    On 8 July 2011, the Supreme Court of Burundi annulled the judgment of the Court of Appeal of Bujumbura of 11 February 1998 which convicted to death Pierre Nkurunziza, currently President of the Republic. The analysis of the Supreme Court judgment shows, first of all, that the criminal responsibility of the Head of State is poorly regulated under Burundian law. Secondly, the paper concludes that, in all likelihood, the conviction of Pierre Nkurunziza by the Court of Appeal of Bujumbura was indeed procedurally grossly irregular. However, although seen from a procedural angle justice has been done, several reasons explain why in the general perception justice has not been seen to be done. These relate essentially to the perceived lack of independence of Burundi’s judiciary and the instrumentalisation of the judicial process to serve political interests. In fact, the procedure may well have been inspired by electoral motivations. However, our analysis also finds that the Supreme Court judgment should not prevent Burundi’s future transitional justice mechanisms from investigating the same case.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://www.ua.ac.be/download.aspx?c=.IOB&n=104550&ct=104550&e=307005
    Download Restriction: no

    Bibliographic Info

    Paper provided by Universiteit Antwerpen, Institute of Development Policy and Management (IOB) in its series IOB Working Papers with number 2012.08.

    as in new window
    Length: 60 pages
    Date of creation: Oct 2012
    Date of revision:
    Handle: RePEc:iob:wpaper:2012008

    Contact details of provider:
    Postal: Prinsstraat 13, B-2000 Antwerp
    Phone: +32-(0)3-265 5770
    Fax: +32-(0)3-265 5771
    Email:
    Web page: http://www.uantwerpen.be/iob
    More information through EDIRC

    Related research

    Keywords: Burundi; Justice;

    This paper has been announced in the following NEP Reports:

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:iob:wpaper:2012008. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Hans De Backer).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.