In an unprecedented move, on March 5, 2021, the President of Burundi, HE. Evariste Ndayishimiye signed a decree pardoning 5,255 Burundi detainees and ordering their immediate release.

In fact, Burundi Bridges to Justice (BBJ) had called on the Ministry of Justice to issue such a decision to decongest Burundi’s severely overcrowded prisons, particularly given the heightened risk this represents during the COVID-19 pandemic. The President announced that: “an exceptional leniency measure is necessary to decongest prisons and improve detention’s conditions”, given that the legal capacity of Burundi’s eleven prisons is 4,194, but the total prison populations currently stands at 13,200 (334% over-capacity). In fact, one prison stands at more than 800% over-capacity. This unprecedented and praiseworthy measure by the Government authorizes the release of pregnant and breast-feeding mothers in prison with infant children, prisoners less than 18 years old, those with advanced, incurable diseases, and elderly prisoners, among others.

This good news was welcomed by BBJ, along with many other human rights organizations. This was just one of BBJ’s initiatives to obtain the release of detainees such as those imprisoned for minor infractions, falsely accused, detained without evidence, etc., by providing early legal assistance and monitoring police lock-ups.

Nonetheless, even this extraordinary measure does not entirely solve the problem of an ever-growing prison popula-tion due to continued arrests for minor infractions such as curfew violations. A sustainable solution to prison over-population will only be found once the constitutional principle of “Presumption of Innocence”, promoting ear-ly access to counsel for all accused persons and other such due process rights are fully respected and enforced by all actors of Burundi’s criminal justice system.

Meanwhile, we wait for the implementation of this presidential decree . . .

The pressing need for rights awareness in the prisons of Burundi

By IBJ Country Manager Jean-Claude Barakamfitiye

On January 15, 2021, Burundi Bridges to Justice (BBJ) conducted rights awareness events in Mpimba and Rumonge prisons in Burundi. A total of 350 pre-trial detainees attended the events, including 49 women. 

Because of COVID-19, only two members of the BBJ team were allowed to enter the prisons. We obeyed strict health security protocols, including wearing masks, washing our hands at prison entrances, and using disinfectants to ensure that we protected ourselves and the detainees. 

Once inside each prison, we were welcomed by hundreds of detainees. One joked, saying: “Let’s leave them inside so they can see for themselves how bad prison conditions really are, and the way we are forced to live.” These words touched me greatly and made me tear up because it was no joke – it was the harsh reality of their circumstances. When we arrived at the small prison chapel in Rumonge prison where we had planned to conduct the rights awareness campaign, we found it packed with more than 150 detainees already seated – this was far more than what we had anticipated. The detainees all seemed as hopeless as sheep without a shepherd. The sheer number who had shown up was proof in of itself of the desperate need for rights awareness for pre-trial detainees. 

The BBJ events focused on the basic rights of every accused person, including the constitutional right to be provided with legal representation. We explained how each detainee can be provided with a lawyer even if he or she is unable to afford legal fees. We discussed due process rights of detainees during the pre-trial detention stage, including the detainee’s right to appear before a judge within 15 days from the day of arrest and a required review of detention status every 30 days if the case has not yet gone to court for trial. We emphasized the principle of the presumption of innocence and its implications for a fair trial. We also informed detainees about their right to be protected from torture and other cruel treatment, including sexual abuse. As the majority of event attendees were pre-trial detainees, it was important that we explain trial procedures and the role of different actors involved in a criminal trial. We differentiated between the role of the prosecutor and that of the judge, and explained the order that legal arguments are presented in court. We advised detainees on how to formulate closing statements and coached them on good behaviors to adopt when before the judge, whether one pleads guilty or not. 

Each event ended with questions and concerns from the detainees, and there were many. One woman shared that while being interviewed by the prosecutor she was asked if she wanted to be assisted by a lawyer. When she replied “yes”, the prosecutor stopped the investigation and provided no further information or a date when she would be provided with legal representation. Accordingly, she felt is would have been easier to respond “no” because at least then her case would have progressed. This example shows how inadequate explanation by the prosecutor can have significant bearing on the normal progression of a case; the prosecutor should have clearly explained to the detained woman how she could be provided with legal representation at no cost. We received many other questions from the detainees concerning particular irregularities that were hampering their cases. For example, five Ethiopians were arrested in December but their case could not progress because of the lack of an interpreter. 

At the end of each rights awareness event, we handed out BBJ flyers to attendees; in total, 270 flyers were distributed. We also conducted a number of one-on-one sessions with detainees who presented critical and time sensitive needs for legal assistance. BBJ committed to following up on cases with irregularities. As for the detained Ethiopians, we plan to connect them to a relevant multilateral organization, such as the African Union, in order to obtain an Amharic interpreter. 

These BBJ events convinced us once again of the pressing need for rights awareness among detainees. We belief that it would be very useful for us to develop a basic detainee rights guide for distribution to every pre-trial detainee. Posters with basic detainee legal rights displayed at each prison would be another valuable and efficient way to increase rights awareness among detainees. 

We may have our work cut out for us at BBJ but we are up to the challenge! 

“Today I brought with me this image….it’s a women with a man’s hand on her bottom. For me it represents harassment. It’s an image I’ve kept with me since 2007, and it reminds me of the importance of my work defending other women’.

Gisèle Kapinga (right), a lawyer from DR Congo, was one of 27 women defense lawyers from across Francophone Africa who gathered in Kigali, Rwanda, for a first-of-its-kind event strengthening women’s leadership in the legal profession and identifying strategies for breaking down barriers that prevent women from joining defenders’ ranks.

As Gisèle told her story, the other women in the room– all of them defense lawyers – nodded their heads. For many of them, discrimination has been an unfortunate part of their professional lives, and many shared similar stories of discrimination both directed at them or at their female clients.

Around the world, women remain underrepresented in justice system roles, including defenders. A 2011 report issued by the UN Secretary General noted that this under representation “undoubtedly reflects institutionalized gender discrimination within the justice system.” In Rwanda, women comprise just 22 percent of the Rwanda Bar Association.

The Kigali gathering – the first ever of women defenders from across the countries of Francophone Africa – was intended to lay the groundwork for permanently changing this reality. Hosted by International Bridges to Justice, a Geneva-based organization that works to protect the due process rights of accused individuals by providing them with early access to a competent, effective lawyer, the event provided the lawyers with training in leadership, communications, and criminal defense skills.

“Women should have the same chances as men to succeed in careers as defenders,” says Karen Tse, IBJ’s founder and CEO. “But this goes beyond just boosting women’s careers – it goes right to the heart of building durable, high-quality justice systems that provide equal justice for all people. We can’t expect to do that if we limit professional opportunities for half of the population.”

The training initiative was supported by the Minister of Justice of Rwanda, Johnston Busingye, who on the second day of training  invited the group to meet with him at the Ministry of Justice. The Minister spoke to the women on the importance of their work as criminal defense lawyers and of the importance of gender equality within justice systems.

Ensuring gender equality and empowering women and girls is also recognized as a core part of countries’ sustainable development. Gender equality is the fifth Sustainable Development Goal in the UN’s 2030 Strategy for Sustainable Development.

IBJ Legal Training Director, Jacques du Preez, led a number of modules designed to not only deepen the participant’s knowledge of international human rights norms, standards, and best practices, but also to develop their trial advocacy and criminal defense techniques. Simultaneously, IBJ’s CEO, Karen Tse, led a a session designed to explore past, current, and future trends within the justice systems of the participant’s respective countries, and facilitated a discussion on how individual defenders can catalyze change.

In addition to skills training, the training provided attendees with an opportunity to network, build stronger connections, and share stories about challenges they faced and how they overcame them. Perhaps most importantly, the event gave the women a chance to talk about strategies for transforming the profession and achieving real gender balance over time. International trainer Maryam Montague held a number of sessions designed to build the confidence of the women through teaching effective public speaking skills, including the importance of body language and tips on effective voice projection.

The training session was funded by Global Affairs Canada and was attended by criminal defense lawyers from Burkina Faso, Burundi, Cameroon, Democratic Republic of the Congo, Gabon, Ivory Coast, Mali, Rwanda, Senegal, and Togo.

Members of BBJ and stakeholders within the community meet to discuss logistics of the event

The community aspect of the event involved bringing together members of the commune to repaint the Office of Representatives of the Population and the local meeting room of police officers. Small building renovations were also carried out on a number of properties in the vicinity, with the aim of fostering community spirit

Following the community work, the volunteers gathered with members of a neighbouring commune, Ngagara, along with a number of police officers, to partake in a dialogue and rights awareness event at the Centre Jeunes in Kamenge. These two communes were specifically invited to take part in the event following their background during the political turmoil in Burundi which began in 2015. Kamenga had been a particularly peaceful commune during this time, whereas Ngagara had been a hive of public demonstrations.

The aim of the dialogue session was to restore the trust that had once existed between the population and the police force. The session was opened with an interactive activity highlighting how police officers are often stereotyped as being untrustworthy, when this is not a reality. The activity was followed by a discussion led by a dialogue facilitator focusing on the mistrust that developed between the public and the police force during the political turmoil and public demonstrations. It was highlighted how police officers, in an attempt to keep the peace and carry out their duties, may have demonstrated behaviours that caused this feeling of mistrust within communities. To end the dialogue session, the participants discussed what commitments could be made in order to rebuild this trust.

At the end of the event, a rights awareness discussion took place, informing the public of a number of legal safeguards that exist to protect the rights of the accused. Ensuring that people are aware of their fundamental legal rights that are enshrined in Burundian laws and empowering them to claim these rights can ultimately lower the rate of violations against pre-trial detainees.

Bujumbura, Burundi – 18 August 2017 – International Bridges to Justice together with its local entity Burundi Bridges to Justice (BBJ) and the Burundi Bar Association is bringing together 30 lawyers for a high level training conference on August 24 and 25. The training aims to refine and strengthen the practical criminal defense skills of lawyers so they are better able to safeguard the due process rights of accused persons. The event, organized within the framework of the project Preventing Torture and Promoting Access to Justice in La Francophonie, is supported by Global Affairs Canada.

‘IBJ’s trainings are critically important because they help provide lawyers with the knowledge and skills to protect people, often the poorest and most oppressed people, from violations of their most fundamental rights,’ stated Jean Claude Barakamfitiye, Burundi Bridges to Justice country manager and a member of the team of trainers at the event.

Held at the Royal Palace Hotel in Bujumbura, the training will be an important way of connecting public defenders and creating a community of lawyers who share a common goal of strengthening the justice system in Burundi, and enable them to catalyse change towards a fairer justice system for all.

Topics covered include defense strategies, rights of the accused, and several trial skills sessions.

IBJ welcomes all press to observe the training sessions, which will be held on the August 24 and 25 August 2017 at the Royal Palace Hotel, Bujumbura, between 9 AM and 4.45 PM.

About IBJ and BBJ

In recognition of the fundamental principles of the Universal Declaration of Human Rights, International Bridges to Justice (IBJ) is dedicated to protecting the basic legal rights of ordinary individuals in developing countries. Specifically, IBJ works to guarantee all individuals the right to competent legal representation, the right to be protected from cruel and unusual punishment, and the right to a fair trial.

International Bridges to Justice began working in Burundi in 2008, at a time when there were no more than 70 lawyers in the country. IBJ’s local entity, Burundi Bridges to Justice (BBJ), has worked relentlessly from their Defender Resource Centre in Bujumbura to build a support network for criminal defense lawyers, and provide legal aid to the most vulnerable of Burundian defendants.  Since the opening of the Defender Resource Centre, BBJ has provided legal assistance to more than 2,000 people, trained over 91 defense lawyers and conducted a number of awareness campaigns which have informed over 96,000 individuals of their fundamental rights regarding access to justice.

Press Contact: Jean Claude Barakamfitiye

Email: jcbarakamfitiye@ibj.org

Telephone: +257 22 27 37 47

www.ibj.org

On June 24, 2017, the Burundi Bridges to Justice (BBJ) team conducted a rights awareness event in Mubimbi District of Bujumbura Province which was attended by 114 people, culminating in the presentation of a play depicting an arrest. The attendees represented 76 grassroots communities, each of which counts at least 10 members. The event aimed to improve the population’s understanding of the legal safeguards that protect arrested persons in Burundi, with a particular focus on the right to not be subject to torture. The educational action also encompassed other rights such as the right to initiate legal action against the torturer, the right to be assisted by a lawyer, the right to be brought before the judge within a fair and reasonable timeframe, and the right to be informed of the reasons for arrest.

Community members from Mbimbi gather to learn about Burundian and international torture prevention laws

The BBJ Team gives a presentation on fundamental rights

Over the years, the BBJ team has developed a wide array of methodologies to facilitate ordinary citizen’s understanding of the legal rights and safeguards of arrested persons. The tools and strategies used are designed to be inclusive of illiterate communities, as in 2015 nearly 15% of adults in Burundi were estimated to be illiterate. Therefore, each event relies as much as possible on interactive and participatory audio/visual activities. The Mubimbi event included a film projection, a PowerPoint presentation, a Q&A session, role plays and a final evaluation.

Participants prepare a short play on the rights of the accused

After presenting the Burundian and international laws that safeguard due process rights, the BBJ team led discussions with the attendees that gave them an opportunity to share their experience of undergoing or witnessing human rights violations, bringing to light many strong testimonies. The exercise revealed that, prior to the event, many thought torture was allowed in some situations, or did not know that to be assisted by a lawyer is a sacred right of every arrested person regardless the offence they may be accused of. It also clearly appeared that the population was eager to acquire more knowledge around human rights topics.

Finally, a highlight of the event was the participation of the attendees in a play where a person was arrested and subject to human rights violations, including arbitrary detention and torture. Each of the participants played the part of a stakeholder (police, prosecutor, lawyer, arrestee) implicated either in the respect or violation of the legal procedure. Thus, they demonstrated their knowledge of the awareness campaign material.

At the end of the event, a questionnaire was distributed to evaluate the level of understanding acquired by participants regarding human rights and due process rights.  The results were very positive and participants committed to sharing this newly acquired knowledge with their community members. Participants also recommended that the BBJ team conducts more of such participatory human rights educational events.

BBJ Country Manager Jean Claude Barakamfitiye speaks about the sanctity of presumption of innocence

On March 22, the Burundi Bridges to Justice Team organized a justice roundtable bringing together 34 justice sector actors to identify problems and solutions to pressing justice issues in Burundi. This high-level meeting was held on the theme “Status of implementation of the legal safeguards of the accused.” The roundtable was a crucial step towards improving cooperation between government officials, judges, prosecutors, lawyers and police on implementing due process rights.

Organizing the event jointly with the Ministry of Justice’s Center for Professional Training of Justice (CFPJ – Centre de Formation Professionnelle de la Justice), IBJ developed the theme within the framework of the 2016-2020 Sectorial Policy of the Ministry of Justice. The goal of this policy is, among other things, to guarantee an effective and accessible criminal justice system.

The roundtable was a rare event bringing together lawyers, justice officials, police and civil society to jointly share problems, solutions and approaches on upholding due process rights

Of the 34 lawyers, government officials, judges and police officers who contributed to the roundtable, attendees included the Director and the Deputy-Director of the Professional Center for Justice, the officers of the Public Prosecutor’s Office, the Commissary General of the Judicial Police as well as Police Officers, lawyers, the judges, a representative of The National Independent Human Rights Commission (CNIDH) and the Representative of the Prison Administration.

The roundtable resulted in a renewed commitment from government officials in 4 areas:

• Setting up a framework for consultation and dialogue between justice actors to improve self-examination, accountability and transparency. The representatives from the Ministry of Justice committed to set up these frameworks without delay.
• Ensuring respect and proper implementation of the principle “Freedom is the rule, detention is the exception” which is codified in Article 52 of the Criminal Procedure Code.
• Guaranteeing that the timeline for legal procedures, particularly time limits of detention and appearance in court are respected without undue delay.
• Ordering investigation of allegations of torture anytime a judge encounters a defendant who has been tortured and nullifying confessions obtained under duress.

Lawyer Aline Njimbere shares her insights on overcoming barriers to rights violations and ensuring all accused persons have early access to legal counsel.

Ultimately, the roundtable was a valuable occasion to put forward important commitments on access to justice as a fundamental right for everyone. Discussions such as these, held regularly in a collegial environment are a way to institutionalize good collaboration and build a movement towards practical action between government officials, judges and lawyers.

With each individual group in the justice chain identifying challenges that prevent effective implementation of due process rights of the accused, the resulting commitments will ensure positive change occurs to better protect the rights of ordinary people. IBJ will continue to work with civil society and government institutions to transform those commitments into practical action.

Belyse (not her real name), a young mother of 6 from Bujumbura in Burundi, is one such individual. With the Congolese province of South Kivu only a short bus ride away, Belyse crossed the Burundi-Congo border on June 14 and headed to Bukavu, to visit an old friend. Little did she know that before arriving at her friend’s house, she would become a victim of a false accusation.

Having made her way to Bukavu, Belyse was approached by a stranger on the street who accused her of cheating her out of money. Belyse had never seen the woman who accused her before. The stranger started to cry and scream, pulling at Belyse’s clothes and gathering a crowd of angry onlookers, who joined the stranger in hitting and punching Belyse.

Terrified and surrounded by a hostile crowd, Belyse asked to be taken to the nearest police station for safety. However, when she arrived at the nearby Muhungu La Voix Police Station, rather than offering her protection after being subjected to violence in the street, the police detained Belyse after the unknown woman who had instigated the attack told the officers that Belyse had swindled her out of money.

Belyse at the IBJ Congo office with country coordinator Charles Mupenda and IBJ lawyer Munguwampaga Birere Dieudonné

As a native Kirundi speaker, Belyse was unable to communicate properly with the prison guards and prosecutors, as the main language spoken in eastern Congo is Swahili. Detained in police custody then imprisoned in Bukavu Central Prison, Belyse had her legal and travel documents taken from her by a police officer – a common practice throughout the DRC.

Belyse seen off by Charles and Dieudonné at the bus station in Bukavu

At the moment when her situation looked hopeless, IBJ lawyers were able to step in and intervene on her behalf. Meeting with prosecutors and investigating magistrates, IBJ’s lawyers were able to able to obtain her legal documents from the police officer and obtain her release from detention, demonstrating that the charges against her were groundless. After her release, she was brought to IBJ’s office where she shared food and tea with the IBJ Congo team. IBJ then provided her with the money to purchase a bus ticket to return home to Bujumbura, where she was reunited with her 6 young children.

Furthermore, the IBJ Congo team put Belyse in touch with the IBJ team in Burundi, to whom she can turn for help once she is back home.

Belyse was overcome by immense joy at being freed. She expressed her sincerest thanks to IBJ not only for helping to release her from prison, but also for making sure she was able to safely return to her country and her children. As a widow, Belyse is their sole caretaker.

Calling the IBJ Congo office upon her return to Bujumbura, she sends her blessings to all of the IBJ team.

For the past 3 months, IBJ fellows assisted 6 cases involving minors; 5 were in the province of Cibitoke and 1 in rural Bujumbura. One case involved Celeus, a youth accused with another man of a  theft that occurred at a residence. The other accused, who had already confessed to the crime after being caught with stolen articles in his possession, was given provisional release. IBJ lawyer for the defense, Astère Muyango, argued that the specific juvenile procedures introduced by the new Code of Criminal Procedures were violated. He demonstrated that Article 224, which declares void any interrogation of a minor without the presence of a lawyer or another person duly authorized by judicial authority, had been breached.

The argument between the prosecution and defense hinged upon the age of the defendant and a matter of statutory interpretation – was it the age at the time of the offence or the offender’s current age that must be taken into consideration? The prosecution argued the latter, whereas Muyango rebutted by relying on the Penal Code, more specifically, Article 29, which stipulates that penalties are set based on age at the time of the offense. Celeus was a minor at the time of the offense, hence the significance of the element of age and it’s centrality to Muyango’s argument. This could be the factor that effectively decides Celeus’s fate.

The prosecution called for a delay in order to summon the co-accused who was currently  out on bail. An additional delay would mean that the accused would have to be detained for the time-being – a result Muyango argued would violate the legal provisions that protect minors, as they stipulate that the detention of a minor must be a measure of last resort. Given the interpretation of “minor” and this special protection now afforded to the defendant, the defense concluded that their client should be released. Celeus was released.

Lawyer Astere interviewing his client

Lawyer Aline Nijimbere interviewing her client

A month later, a member of Celeus’s family contacted  IBJ expressing his joy to once again see the child the prosecution had asked to punish with 10 years of imprisonment.

The hard work of exceptional lawyers such as Astère Muyango remind us of how important it is to continue our mission. Despite such a milestone in the fight against illegal juvenile detention in Burundi, Celeus is but one individual who needed legal help that he otherwise would not have had access to. It is imperative to continue working with the police and prosecutors, conducting training sessions and developing best practices to protect ordinary citizens under the auspices of the rule of law.

IBJ: What made you apply for IBJ’s JusticeMakers Competition?

AG: When I applied for IBJ’s JusticeMaker Competition, I was working with people living with HIV/AIDS and I was shocked by the way they were threatened in prisons. They were {not} considered as normal prisoners because of their incurable disease. I applied therefore to save some from prison as soon as possible.

IBJ: What were some of the initial challenges you faced in implementing your work?

AG: I faced the challenge of talking to judges that do not {give} consideration to the particular situation of prisoners with HIV/AIDS. There was a serious problem of undue delay of procedures and these people were hopeless! Some of them refused to take their medication and died in prison just because they considered their life already lost!

IBJ: What were you able to achieve with your grant of $5,000?

AG: I stood beside hopeless people and raised my voice for their cases. I encouraged some of them not to give up despite the hardships they were experiencing. With the $5000, the prison officials and prisoners and the community knew that these people have value and are worthy. In representing them before the court, I gave them the consideration they longed for since they knew they was HIV positive.

IBJ: What have you gained from joining the international community of JusticeMakers Fellows?

AG: I am always learning from other Fellows. I now belong to a community of service providers to which I am conscientious of the quality of their work.

As a recipient of IBJ’s JusticeMakers Competition, what advice would you give to those looking to apply?

AG: IBJ’s JusticeMakers Competition is an opportunity that is given to YOU to serve YOUR community. Don’t miss it! Try! You’ll never know if you do not try!

Beyond his work with IBJ, Audace has been recognized by other legal organizations, notably receiving a fellowship from the International Center for Not-For-Profit Law in Washington, D.C. this year. Read the full interview here.

You can follow Gatavu Audace on Facebook for updates on his work here. Watch an earlier interview conducted with Audace here.