The day after started at 7am with our pre-ordered breakfast and we then dropped Astère at the venue so as for him to begin preparing for the event. Maître Herman Ndayishimiye, freshly recruited IBJ lawyer, was already waiting for us and replaced Astère in the car to head to the Vice Governor’s office, whom we had met 3 weeks before to express our wish to hold a roundtable and ask him to open the session. Unfortunately, he had forgotten the event and committed himself to open another roundtable. At the last minute, he nevertheless managed to free himself up to respect his initial engagement. In the meantime, the first participants had arrived at the venue, among them 6 lawyers coming from Bujumbura with Dieudonné, who has recently joined IBJ Burundi as a volunteer. After the opening speech of the Vice Governor and Astère’s welcome speech, Herman started animating the debates and introducing the problematic. Following the results reached in Bubanza, the session was once again dedicated to the question of pre-trial detentions. After having seen how pre-trial detentions were averse to the principle of alleged guiltlessness, the participants broke out into groups in order to identify the root causes of this phenomenon. Various ideas were suggested such as the lack of vehicles and fuel to allow judges to visit detainees and speed up procedures, the lack of access to lawyers or even paralegals to inform detainees of their rights. More challenging, some participants highlighted a certain shortage of professional conscience and even political pressures put on magistrates that lead to the justice dysfunction.

During the afternoon, participants were requested to reflect upon concrete solutions to put an end to this predicament. Numerous ideas were put forward, ranging from pleading the nullity of the procedure for lawyers defending long-term pre-trial detainees to making available police escorts to facilitate detainees’ transfers to courts so as to accelerate procedures. The most interesting proposal came along with the lawyers’ group suggesting to renew the operation held in Bubanza consisting in mandating lawyers coming from Bujumbura to visit Gitega prison and to point out illegal detentions. A few days after, a special court hearing could be organized where judges would statute on potential releases. Members of the penitentiary administration turned out enthusiastic and magistrates were not opposed to the proposal. Details have now to be discussed between IBJ and APRODH on how we could effectively support this effort.

After group pictures, participants went back home but the IBJ delegation stayed in Gitega for another last day of rights awareness campaign. Overall, about 1450 people have been educated about their rights in Gitega. We had a very safe night too, surrounded by several machine gun equipped security men, as the President of the Senate was also finding shelter at our guest house, even if he was hardly recognisable the next morning, as he was wearing sport suit and slippers… Our last day in Gitega went on smoothly and was dedicated to post-campaign surveys, aiming at evaluating the efficiency and visibility of our awareness efforts in Burundi. We finally left Gitega Friday at the beginning of the afternoon, after having shared a last lunch with our local partner APRODH representative and the young volunteers who helped us raising the population awareness. The drive back was a bit longer due to abundant rains making the road slippery and a few stops to buy delicious vegetables, while listening to rock music or religious preaches, depending on preferences. Anyhow, at the end of the path, it was a well deserved week-end for everyone.

Above: The banner displayed in downtown Gitega (Photo by Jean-Baptiste Bouzard)

Above: The Senior Counsellor of Gitega Governor opening the roundtable (Photo by Claire Habimana)

Above: Breaking out into groups: lawyers discussing strategies to curb pre-trial detention (Photo by Jean-Baptiste Bouzard)

Above: Senior prison officials putting together ideas to fight prison owercrowding in Gitega (Photo by Claire Habimana)

Above: Police officer exposing the commitments of the police to reduce pre-trial detention (Photo by Claire Habimana)

Above: Participants of the roundtable reflecting upon the challenge of delayed justice (Photo by Jean-Baptiste Bouzard)

Ci-dessus: Des participants à la marche contre la torture organisée par USAID à Bujumbura le samedi 27 Juin 2009 (Photo de Nathalie Mohadjer)

Un mois plus tard, IBJ prenait la direction de Bubanza pour y tenir une table ronde consacrée au phénomène de la détention préventive et des conséquences qu’il peut engendrer en terme de surpopulation carcérale. Elle fut précédée de plusieurs sessions de distributions de posters servant là aussi à informer de leurs droits les populations rurales n’ayant souvent pas accès aux informations diffusées à l’échelle nationale. Cette table ronde fut un franc succès au regard des résultats obtenus qui ne manquèrent pas d’être soulignés dans les médias régionaux dépêchés pour l’évènement. Les échéances à venir, nouvelles tables rondes ou début des activités d’aide juridictionnelle, représentent autant de possibilités de médiatisation, mais de part ces témoignages, IBJ commence déjà à s’inscrire dans le paysage burundais dans son domaine de prédilection.

Ci-dessus: Sensibilisation médiatique sur les murs du Tribunal de Grande Instance de Gitega (Photo de Nathalie Mohadjer)

Mais au-delà de l’action d’IBJ, c’est bien la question du fonctionnement même de la justice qui tend à prendre une place centrale au Burundi, les différents acteurs semblant prendre conscience que la paix et la démocratie ne pourront être garantis sans un fonctionnement efficace et équitable du système. Le Bureau intégré des Nations Unies au Burundi (BINUB) et certaines ONG ont ainsi eu un rôle crucial dans la médiatisation de l’aspect respect des Droits de l’Homme et des personnes détenues dans le processus de réconciliation nationale. Ces organisations ne manquent pas de convoquer la presse à chacune de leurs interventions et leurs manifestations sont régulièrement retransmises par les médias locaux et nationaux. Cette place prise dans les médias tend dès lors à correspondre avec un changement de mentalité des décideurs. Sans que l’on puisse exclusivement en attribuer le mérite à la médiatisation du travail des ONG, il est en effet indéniable que les instances judiciaires semblent plus ouvertes au dialogue et enclines à accepter les appuis non gouvernementaux à la réforme du système judiciaire. De cette manière, l’administration pénitentiaire, le corps des magistrats, la police judiciaire et le barreau ont pleinement joué le jeu des tables rondes d’IBJ en facilitant la participation de leurs membres. Plus important, les recommandations ont été suivies d’effets concrets avec la tenue d’un conseil spécial aboutissant aux libérations rapides de prisonniers en détentions irrégulières dans la province de Bubanza. Cette tendance est également perceptible au niveau ministériel avec la parution récente d’une circulaire visant à s’attaquer à la surpopulation carcérale en ciblant deux catégories de détenus pouvant bénéficier d’une mesure de libération. Cela concerne les mineurs de moins de 15 ans, dans le but de se mettre en conformité avec le nouveau Code Pénal, et les prévenus ayant passés 12 mois en détention préventive alors qu’ils encourent une peine ne dépassant pas 5 ans de servitude pénale (art.75 du Code de Procédure Pénale). Enfin, un projet d’envergure ayant pour but de limiter le recours à l’emprisonnement est actuellement en cours d’analyse, et devrait impliquer les membres de la société civile autant que les instances officielles. Ces prémices de changements institutionnels se révèlent au final très encourageants, et IBJ compte bien faire entendre sa vision originale et novatrice de la promotion des Droits de l’Homme et apporter sa pierre à l’édification d’un système mettant la dignité humaine au cœur de ses préoccupations.

Above: Informing people in Bubanza of the upcoming roundtable event (Photo by Claire Habimana)

The group was finally made up of around 20 participants who discussed the central theme of pre-trial detention, and by extension the one of prison overpopulation. After a quick introduction by the Province Governor’s first secretary, it was first highlighted that prison overcrowding reaches an unprecedented level in Bubanza with 472 detainees for only 100 places available as for June 2009. Various explanations for this phenomenon were put to the light such as the lack of human and material resources, the absence of adequate training and, more worrying, cases of corruption. Participants were then split up in 4 groups corresponding to the 4 represented category of actors so as to find out possible remedies to that predicament. General suggestions were proposed like the increase of the State commitment in favour of the judicial system, bringing additional resources at their disposal. However, those broad solutions were deemed insufficient for the two organizers; that’s why participants were encouraged to devise quick and easily applicable measures that, as part of Burundi judicial system, they can commit to implement.

Above: Roundtable participants breaking out into small working groups to brainstorm concrete solutions to Bubanza prison overcrowding (Photo by Claire Habimana)

Results are very promising. Lawyers were the promptest to react: they suggested to take benefit of the judiciary vacation, in August, to visit Bubanza prison and point out irregular imprisonments or cases that could benefit from bail. Those cases would be then presented to a special council that could deliberate on their fate. The penitentiary administration was very keen to play the game and said they were eager to facilitate interviews with detainees. Magistrates were more dependent of their hierarchy’s approval to confirm their participation, but were not opposed to such a session held under their presidency. APRODH and IBJ were delighted by such news and promised to take part to this effort by respectively financing travel and accommodation fees for lawyers. The day also ended in a friendly and relaxed atmosphere with the widespread feeling that things significantly moved forward during the day.

Above: Lawyers from Bujumbura, Magistrates, Prosecutors, Police Officers and Prison Officials from Bubanza joining together to propose and implement concrete solutions to pre-trial detention. (Photo by Claire Habimana)

Lawyers actually went back in August 12th and 13th in Bubanza. The first day was dedicated to consulting cases and meeting pre-trial detainees. Numerous irregularities were observed during that session. Those were presented to judges the day after. 7 imprisoned people were immediately released on bail. A total of 45 prisoners were freed in August from Bubanza prison, 9 of them serving the end of their sentence, but 10 being acquitted and 26 being granted bail. It is clear that this roundtable had a major impact on the outcome. All that to conclude that even with restricted means, good willingness and individual commitment can lead to tremendous improvements and plant the seeds for a systematic reform of the criminal justice system.

Above: From left to right: Lawyers Patrick Nukuri, Léonce Nimenya and Sonia Ndikumasabo, the young faces of hope of the Burundian criminal justice system (Photo by Claire Habimana)

Some of the participants who were at the roundtable are active in NGOs dedicated to protecting children’s rights. One of these, Jean-Claude Nzeyimana, noted that the justice system does not properly take into account the background of young criminals. Many of them live on the street in tough conditions and, without anyone to rely on, are confronted with violence on a daily basis. These children should thus be seen primarily as victims rather than being cast as criminals. A real attempt to reduce poverty could therefore drastically improve the situation, as could a collective national effort to improve educational opportunities. Unfortunately there is clear tendency in the Burundi judicial system to favour disciplinary action over education, despite that latter proving to be more efficient in reducing juvenile criminality. Pierre Claver, president of APRODH, shared an example to illustrate this, a shocking story which took place a few weeks before the roundtable. A 12-year old pupil caught cheating during a test was, rather than learning form his mistakes at school, sent to a police cell for a couple of days as punishment.

Above: IBJ Burundi Fellow Astère Muyango introducing the debate to Magistrates, Police Officers and Prison Officials and seeking their reaction (Photo by Sanjeewa Liyanage).

The systematic imprisonment of juveniles also lies in the shortage of alternative sanctions. It is widely felt that the purpose of prison is to punish the culprit, as well as to protect him or from retributive community justice. These factors help to explain why officials of the judicial system do not even think to consult NGOs before sending children to jail. However, a few alternative measures do exist. APRODH, for instance, has provided shelter and rehabilitation programs to young boys who face prison due to violent behavior They only have a limited number of places at their disposal, but other NGOs such as FVS are increasingly moving in the same direction.

The discussion then moved to the need for additional legal tools. Olivier Niyonzigiye, a former Justice Maker now working for RCN Justice and Democracy, oriented the debate by stating that the new penal code provided Burundi with everything needed to improve juvenile criminal Justice. The only thing left, he argued, was to put pressure on the state in order to ensure that it gives the judicial system the means to work properly. This effort would need to be directed towards the entire system, granting priority in access to lawyers to children but also implementing measures which would help all detainees–addressing, for instance, prison overpopulation and pre-trial detentions. In a state confronting numerous challenges, the main problem is convincing political leaders that a functional justice system is a priority for the country in order to fully recover from years of conflict.

This is only a short summary of two very rewarding debates. I would like to end by highlighting two points in the discussion which really struck me. The first was when Jean-Claude Nzeyimana noted that the most effective way of preventing juvenile delinquency was parental control. This idea underlines that Justice is above all a collective good, which does not rely solely on the shoulders of magistrates, police officers or lawyers. Finally, Astère reminded us of one of Karen‘s favorite stories, that of the girl and the starfish. A little girl was trying to return to the sea every stranded starfish she found on the shore. A man approached and told her that her task was hopeless, and that she‘d never be able to save them all. The girl replied: “maybe I won’t, but it will mean something for each one of them I do save”. So don’t lose hope and let’s work to save some little Burundian starfish!

Above: IBJ Burundi Fellow leading the discussing over the “circular chart”, a tool used during roundtable discussions to get participants to make concrete commitments. (Photo by Sanjeewa Liyanage)

Above: The “Know Your Rights” poster designed in Kirundi language in conjunction with the Burundi Bar Association and APRODH in 2007.

Our team, made up of 3 Burundians and 3 Bazungu (white people), traveled in the APRODH 4X4, better equipped than our little car to cope with the countryside’s winding, bumpy roads. Our first stop was the little village of Gasikanwa, where we immediately made for the office of the communal administrator. Prior approval from this official was needed in order for us to display our posters. The man was friendly but I could immediately feel the gap between Bujumbura and the remote localities. Our arrival was a major event. Word quickly spread that the Bazungu were in town, and a growing group of curious observers came to stare. This was not only an opportunity for us to fill out questionnaires, but allowed a delighted Nathalie to shoot pictures of the 50 children surrounding her. The group of villagers also demonstrated some of the challenges that IBJ will face as it tries to improve the human rights situation here, and in the rest of the country. It was almost impossible to find French-speakers, and there were even fewer English-speakers; no activities would have been possible without the help of APRODH’s translators. Moreover, it was clear that a significant part of the rural population is still illiterate, and it took 5 minutes each for the people we were surveying to reply yes or no to just 7 short questions; I had initially assumed that this task would only take a minute or so. It became obvious that we wouldn’t achieve our initial goal of collecting around 50 responses.

Above: IBJ Burundi Project Assistant Jean-Baptiste Bouzard explaining inhabitants of Ngozi what to do in case of arrest. (Photo by Nathalie Mohadjer).

Our second stop was at a vaccination center, built in the middle of farmland. There was incredible poverty here too but I also felt, for the first time, a degree of hostility towards foreigners. Women didn’t want to answer our questions in front of their husbands and, as it was clear that we wouldn’t receive many responses we didn’t remain for long. Before we left, however, I exchanged a few words with a beautiful young woman, and was astonished to hear that at only 22 she had already given birth to 4 children. It shocked me to think that, born here, I could already have been a father of 5…

We then stopped by a little house on the side of the road. A man was preparing Ibitumbura, or local donuts. We offered him some of posters but he refused, and I was worried that this same atmosphere of suspicion would stand in the way of us doing our awareness work. However as one person then another decided to go ahead and take our posters the whole community decided, all of a sudden, that they did want what we offering. We were soon unable to meet the demand as numerous hands reached out, hoping to take one. A small crush followed, and we decided to head to our last stop for the day. We couldn’t stay for long, however. We were all tired after a long day and had only a few minutes left before beginning the drive back to Ngozi, as it is not entirely safe to drive by night in Burundi. We agreed to stop at a café and that our last interviewees would be the waitresses who brought us fresh sodas. After all, they were part of the population too!

After having driven the 40 km to Ngozi, we finished our day with a delicious dinner of goat brochettes in the cool high hills of Burundi. Laura and Nathalie were the first to leave, soon followed by the rest of the group. It didn’t long to get to sleep for any of us. We left Ngozi early the next day to be back in Bujumbura around 10am, just in time to clean the car and get ready to welcome the IBJ delegation arriving from Rwanda.

Discussions were very interesting even when conversation finally drifted out of the initial topic. It was for me the occasion to discover new aspects of the country I’m now living in, as much as for Burundians to laugh about my hesitating pronunciation of their language. Anecdotes were serious too when they evoked wartime in the region, with its amount of atrocities but also solidarities like when Astère and Joseph related us, in a mix of humoristic and serious tone, how they flew out of a region controlled by the rebellion. This meeting ended up late at night, the wisest cheering with soda, the most courageous opting for beer.

What is sure is that all are ready to reiterate this experience and want to be part of the growing JusticeMakers community. I also promised them a new gathering when the IBJ team will be visiting the country in the beginning of July for our second national criminal defense training in Bujumbura.