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Dear Minister,

I write to you to express concern about the continued unlawful detention of Benjamin Babunga despite two court decisions ordering his provisional release. His continued detention violates his right to liberty, fair trial and his right to an effective remedy.

On 26 May, Benjamin Babunga, a Congolese national and humanitarian worker, was arrested in Bujumbura, Burundi’s economic capital, and detained by the National Intelligence Service before being transferred to Mpimba Prison, after 11 days. He was accused of espionage, terrorism and threat to national security. He pursued the available legal remedies and on 15 July, obtained a decision from the High Court of Mukaza granting him provisional release. After the Public Prosecutor Office’s appeal, the Mukaza Court of Appeal upheld the lower court’s decision to grant his release on 10 August. Despite the two decisions issued in his favour and efforts undertaken by his lawyers for their enforcement, Benjamin Babunga remains in detention.

Benjamin Babunga should never have been detained for expressing his views. His continued detention, despite court rulings, also violates Burundi’s Constitution and the country’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.

In light of the above, I urge you to take all measures within your authority to ensure Benjamin Babunga’s immediate release. I further call on you to ensure that no administrative or judicial authority obstructs his release and that his physical integrity, safety and rights are respected. In the meantime, Benjamin Babunga must be protected from any unlawful transfer to the Democratic Republic of Congo, where he would be at risk of prosecution solely for exercising his right to freedom of expression.

Yours sincerely,