Revelations about the arming of the pro-Nkurunziza militia

The Belgian lawyer Bernard Maingain collected overwhelming evidence on the organization of terror

against opponents of President Pierre Nkurunzizas third term. He calls on the EU and the UN to urgently

engage in international investigations, including on the criminal agenda of the [Burundian] authorities.

According to him, it is imperative to protect those who deliver damning testimony on the Burundian

President.

Afrikarabia has already mentioned the intentions/plan of President Pierre Nkurunziza for a coup

endorsing a third term - which is prohibited by the Arusha accords of August 2000 and the Constitution

of Burundi. In La Libre Belgique, our colleague Maria-France Cros has unveiled the role of the lawyer

Bernard Maingain in documented denunciation of the criminal policy of the ruling oligarchy. We have

interviewed him.

AFRIKARABIA: - Mr. Bernard Maingain, your role in the defense of civil society in Burundi is now

revealed, what can you tell us about your action and in particular on the genesis of your intervention in

this case?

Me Bernard MAINGAIN: - The starting point is the fact that representatives of civil society in Burundi

have contacted me. They wanted to put me in touch with high-placed officials of the Burundian

intelligence services who were terrified by secret plans involving people in power and decided to

denounce them. These are direct collaborators of General Adolphe Nshimirimana 1- whose distinctive

role seems crucial although officially he is no longer the Director of Intelligence.

They realized that the agenda of the power to impose a third term of President Nkurunziza led Burundi

to the precipice

"I sent the report to the Security Council"

AFRIKARABIA: - When you were told about these whistleblowers, what was your reaction?

Me Bernard MAINGAIN: - I agreed to go and meet a first witness they told me about.

AFRIKARABIA: - You met in Burundi?

Me Bernard MAINGAIN: - I do not want to give more details on the location of the meeting. I had a very

long talk with that person. He allowed me to record his testimony. He agreed that I make a copy of his

identity card. He also gave me some pictures that I talk about later. I made a report of his testimony.

This person provided details on very serious acts

AFRIKARABIA: - When did this meeting with the first witness occur?

Me Bernard MAINGAIN: - Precisely on the 10th of April.

1 He is the main character in many cases involving assassinations, atrocities committed under the current regime. He is officially the former head of intelligence services but unofficially , he still runs it.

AFRIKARABIA: - What did you do then?

Me Bernard MAINGAIN - I forwarded the report to the Security Council. I pointed out that, according to

my information, other agents of the State of Burundi were prepared to testify about the secret agenda

of the regime, provided they are protected by the international community, i.e. would have to be

exfiltrated, given a safe place to stay and livelihoods in a foreign country.

"A second witness was frightened by what he had learnt"

Me Bernard MAINGAIN: - In the Security Council, I have been in contact with a senior United Nations

official who explained to me that my report had been transmitted to the Secretary General, he

considered it important, but that the UN was not able to offer the requested guarantees to the witness

because the UN could not act against a Member State, unless there was a special resolution. I suspected

something like this. I concluded that it was necessary to find elsewhere the means to protect witnesses,

on another basis, for example with NGOs.

AFRIKARABIA: - All this took time?

Me Bernard MAINGAIN: - In the meantime, I was contacted by my clients in the Burundian civil society

that emphasized the urgency of protecting witnesses and make known their revelations as these

witnesses emphasized the imperative of leaving Burundi to confirm their accusations. Meanwhile, a

second witness came forward. He too was terrified of what he had learned about the secret agenda and

promised to provide me with a written testimony.

I then contacted organizations in Belgium. I got a small budget from these organizations to organize the

witnesses exfiltration and accomodation.

"It's a bit like during the Occupation in Europe. The killers of the regime are prepared to do anything"

AFRIKARABIA Was the exfiltration easy to carry out?

Me Bernard MAINGAIN: - On the contrary, these witnesses were closely monitored. One OF THE

organizations I worked with found a country and a reception center. Representatives of the civil society

have succeeded in providing false documents. You must understand that fleeing Burundi is not easy. I do

not know if you know under what conditions the vice president of the Supreme Court 2was able to left

Burundi ...? When he arrived at the northern border at the wheel of his car and was recognized by

customs, Sylvre Nimpagaritse pressed the accelerator and destroyed the barrier, and then forced the

same way the barrier of Rwanda, where he asked for political asylum. He too was closely watched and

exfiltration was not a simple matter, before the final episode. For my witnesses as well, it was not easy.

2 He meant the Constitutional Court. The Vice President of that court fled because he refused to validate the third mandate as being constitutional, another flagrant proof of the coup that is being conducted by Peter Nkurunziza against our constitution.

AFRIKARABIA: - In what host countries are they today?

Me Bernard MAINGAIN: - No, I cannot tell you. Never ... we took every precaution to relocate. I think

they were already suspected and in danger of death. The situation in Burundi is particularly deleterious.

It's like during the Occupation in Europe. The killers of the regime are desperate.

"Within the state apparatus of Burundi, there is a team of people who participate in criminal

activities."

AFRIKARABIA: - What about, do you fear an assassination?

Me Bernard MAINGAIN: - I do not care. That's not the issue. The challenge in Burundi is too important

to back down from this kind of threat. Does the ability to exfiltrate important agents of the Burundi

National Intelligence Services3 with false papers also show the decomposition of Nkurunzizas regime?

Do not expect considerations over political life in Burundi from me. I will only say that the president's

party, CNDD / FDD is an important party that deserves respect. We have to avoid making

generalizations.

I am a lawyer. Regarding my job, what is of interest to me is the issue of law and order, very serious

offenses against the Burundian national law and against international public law. However I see that

within the state apparatus of Burundi, there is a team of people who work not in compliance with the

law and respect for human rights, but take part in criminal activities.

I recall that in any state system governed by the rule of law, such people must be brought to justice

before independent judges.

"These people have worked at the very heart of the criminal activities they denounce"

Me Bernard MAINGAIN: - My struggle is to allow investigators to verify the evidence which I have

mentionned and, if confirmed and whenever possible crossed with other sources and documents, lead

those involved in criminal acts to be prosecuted for these crimes.

For the rest, politics does not fall within my area of expertise. Lets recall that until now, all those

involved benefit from the presumption of innocence

AFRIKARABIA: - The presumption of innocence does not diminish the seriousness of the information

provided to you by witnesses that are today out of the country and protected?

Me Bernard MAINGAIN: - Indeed. These people have worked at the very heart of the criminal activities

they denounce

3 Also known as Documentation

AFRIKARABIA: - You call them "witnesses". Would not it be more accurate to call them "repented"?

Me Bernard MAINGAIN: - You can say "witnesses / repented." I call them witnesses. They bring the

testimonies, no proposals for judicial or police transaction.

AFRIKARABIA: - Can you tell us more about their stories?

(Me Maingain allows us to quickly read the evidence under the condition of not revealing elements that

would identify witnesses. So what we report below is a summary of the testimonies)

The first witness that we will call "Carlos" has worked in the closest entourage of President Nkurunziza

and in a secret service called "Security" to the ruling party, CNDD / FDD. He was suspected of being

involved in the recent escape of the leader Hussein Radjabu from the central prison in Bujumbura.

Since 2007 (two years after the start of the first term of President Nkurunziza), "Carlos" participated in

an illegal trade in weapons intended to the youth league of the CNDD / FDD, Imbonerakure4 [literally

"visionaries", a transposed terminology from the prophetism displayed by President Nkurunziza, a pastor

who spends part of his time in prayer and the other part on football stadiums].

"Carlos" describes how one night in 2007 at about 3 am, he was part of a team that went to Bujumbura

airport to take delivery of a shipment of weapons contained in 140 boxes from from China. He personally

took to the residence of President Nkurunziza fifty "boxes", each containing fifty Chinese-made pistols

with magazines of 15 cartridges. He states that he also had machine pistols and machine guns [machine

guns?].

In 2009, "Carlos" attended a meeting at the "Joy Guest House" in Ngozi (northern Burundi), where it was

decided that the weapons would be distributed to Imbonerakure in view of the 2010 elections, in which

President Nkurunziza planned on running for a second term without any real competition. General

Adolphe Nshimirimana was the coordinator of the distribution with the help of a certain Kasungu5

[literally "White," probably a mestizo] - an alias - and a third man.

When the opposition parties, subject to constant harassment, decided to abstain from participating in

the 2010 elections, weapons were taken and stored in an isolated house in Bujumbura, called

"Intelligence Office House." The operation was illegal and the police, suspecting trafficking, attempted to

search the house. General Adolphe Nshimirimana had to intervene urgently to stop the police operation.

At the time, the Burundian press reported this incident, without realizing the significance of the issue.6

In 2013, towards the end of the second term and in the delicate prospect of a violation of the

Constitution and the Arusha Accords, an agreement was signed between the Burundian Intelligence and

the FDLR, the rebellion in Kivu that takes after the former Rwandan Armed Forces (FAR), on the run since

4 Youth League of CNDD-FDD that also operates as a pro-government militia group 5 He meant Kazungu whose real name is Joseph Niyonzima. His name appears in many cases of extra judicial executions. See APRODH (Association for the Protection of Human Rights and prisoners in Burundi) reports. 6 http://www.iwacu-burundi.org/buterere-une-maison-armee/ . This event took place on 02-12-2014.

the genocide of Tutsis in Rwanda. Within the FDLR, there are many elements of the former Rwandan

militia, Interahamwe7 who sympathized with the youth militia of Burundi. The aim was to send

Imbonerakure in the DRC to receive military training from FDLR officers, unbeknownst to the

international community and the Armed Forces of Burundi. The latter, apolitical, was kept out of the

criminal radicalization process.

It did not take long before the secret was out. When they had to leave the DRC as a result of

indiscretions, discreet sites were made available to Imbonerakure. Sites behind the airport of

Bujumbura and in the Rusizi plain, bordering the DRC . An Imbonerakure chain of command was created.

All these schemes were developed by President Nkurunziza in person together with a certain Karera and

Paul Ndimubandi, the general secretary of the Youth League of the CNDD / FDD. "Kazungu" was

instructed to get the weapons out of the secret arsenal and distribute them among militiamen. A

meeting was held for that purpose at the party headquarters, bringing together provincial leaders, the

18 Imbonerakure provincial leaders and 129 local leaders. "Carlos" has photographs of these weapons

distributions to executives of the Youth League of the ruling party.

It has been said on this occasion that Imbonerakure should infiltrate the predictable protests of

opposition parties to foment incidents in order to create a wedge between opponents. They also had to

shoot the opposition leaders at the head of demonstrations, and eliminate opponents [all these things

are being implemented these last days].

To support Imbonerakure in their goal of infiltrating the opposition, a special police force was created,

composed of nineteen people known for their brutality. They were set up in the former residence of

President Melchior Ndadaye (assassinated by Tutsi soldiers in October 1993 as part of a failed coup that

precipitated Burundi in twenty years of civil war).

It was clarified to Imbonarekure that they had to take advantage of the agitation around the police

action using water jet trucks and tear grenades to take action. Imbonerakure were literally told:

"Anyone who will oppose the third term of President Nkurunziza will suffer the consequences."

Although the watchwords were secrets, this radicalization was perceived by many CNDD / FDD party

officials and caused tension. Probably in order to bring in the most hesitant, it was decided to expand the

conflagration scheduled to neighboring countries. In the context of relationships established with the

Rwandan rebels of the FDLR, a project of an attack on Rwanda, in the north east of Burundi, by an

alliance of Imbonerakure, FDLR and Mai Mai militia (allies of FDLR in DRC) was launched. General

Adolphe Nshimirimana would have personally supervised this agenda. Part of the smuggled weapons

purchased by the Burundian presidency was entrusted to the FDLR to keep quietly and redistribute to

Imbonerakure militiamen.

According to "Carlos", General Adolphe Nshimirimana, the so-called "Kazungu" and a certain Emile Ruda

were at the head of the operation

7 Main actors in the Rwandese genocide

These characters were enjoying a number of advantages from their trips into the DRC. In particular

General Adolphe Nshimirimana had created a channel for gold trafficking to Burundi under the guise of

charitable actions by Italian nuns convent of Kamenge, in the northern district of Bujumbura. The

intermediary was a priest nicknamed Buwenjero 8 of the Kamenge convent. Following disagreements

with as yet unkown content, General Adolphe Nshimirimana felt betrayed by the priest. Also according

to "Carlos, Buwenjero was likely poisoned.9 Suspecting the three Italian nuns of Kamenge to be aware of

the schemes, they were murdered in September 201310 in atrocious conditions.

The second testimony entirely written by another former employee of the Burundian intelligence, which

we will call "Bonito" contains the information delivered by "Carlos" but also adds other elements. It gives

the names and circumstances of the assassination of a number of opponents of President Nkurunziza. It

confirms and specifies the plans of the attack on Rwanda to divert attention from the violence of the

regime in Burundi. It provides a copy of the identity card of the infiltrated Imbonerakure)

"I have called for the launch of an international inquiry"

We resume the interview with Bernard Maingain

AFRIKARABIA: - Me Maingain, in view of these different elements, what do you suggest?

Me Bernard MAINGAIN: - I asked that an international investigation be launched, a criminal

investigation by police and FBI officers from different European countries. I request that these

investigations are accompanied by a strong witness protection, which may lead to new testimonies.

Regarding this witness protection program, I propose an agreement between the Burundian civil society

and donors.

I call for the setting up as soon as possible of this whole system. It's a matter of hours if we are to avoid

that a criminal policy would lead to Burundi being plunged into horrors. I make it clear that we need a

strong commitment, no penultimate statements of condemnation of violence. We need specific

commitments of the Security Council, the international community, the Special Representative of the

UN Secretary General on the Prevention of Genocide, the Special Representative for Human Rights. I am

at their disposal to help them, as a lawyer and as a man who knows this region for over twenty years

"I was struck by the distress and the most extreme suffering of Burundians"

Me Bernard MAINGAIN: - I myself am just an officer of the court and a whistleblower, but I owed it to

myself to talk about the urgent need for real action to rescue the people of Burundi.

I was struck by the confusion and the most extreme suffering of Burundians. Now they fear the worst.

8 He meant Buyengero. His real name is Padre JOSEPH DE CILLIA, a well known Italian missionary who lived in

Burundi through the Burundi crisis. 9 Buyengero died in Italia where he was being treated for an unknown disease 10 Its on the 9th sept 2014, not 2013. Three nuns died then. Two of them were savagely killed at the same time but the third one was killed after a few hours. The last murder took place while elements of the police were guarding the convent. Read http://afrikarabia.com/wordpress/burundi-pierre-nkurunziza-iii-au-risque-du-chaos/

Faced with this criminal policy drift, we are in dire emergency. Again, time is no longer to

recommendations but to action. Burundian society cannot be held hostage to violence, terrorism, the

criminalization of the state, as expressed in the testimony.

Interview by Jean-Franois DUPAQUIER