The volunteers went to the prison with the aim of holding a rights awareness evaluation and tuition. The focus was on the knowledge on rights among minors, women, elderly people and the Batwa ethnic minority group.

Old men being sensitized

The awareness evaluation shows that this activity was much needed. Most of prisoners interviewed did not know the procedures of trial; neither did they know that they have the right to legal counsel. Many of the detainees is not even aware of what they are accused of , they have not seen the minutes of custody or did not understand them and some of them was forced to sign the document through means of torture.

As the IBJ team carried out this important task of raising awareness among the prisoners, they dealt with the issues of detention and procedure, explaining how a fair trail should be held, that all accused should at least know the reason for arrest. They also clarified the law concerning torture and pointed out the possibilities of free legal counsel through International Bridges to Justice and its partner APRODH.

Volunteer explaining rights to minors

Not only are these persons subjected to irregular legal procedures, according to what the volunteer team report, they are also living in extremely poor and inhuman conditions. The prisoners get one small meal a day, consisting of one cup of beans and one cup of cassava flour; the facilities are dirty and overcrowded. The only section being cleaner and not overcrowded is the juvenile cell. In Ruyigi, the women and youth are placed in separate cells, apart from the bigger prison where everyone else are staying. This division does not exist in some of the other prisons in the country, although the Ruyigi prison still lacks the separation between those awaiting trail and already condemned prisoners. The situation in the prison are, to no wonder, having impact on the people staying there. According to the director of the prison, the incarcerated Batwa are showing this in a particularly way. They stop doing anything at all, stop caring of what is going on around them, just sitting still in lost hope over their life.

However, the awareness sessions were appreciated,  the visited prisoners were pleased with getting the knowledge and information provided. Receiving the attention made them also see that they are not completely neglected, there are people thinking about them, caring for their rights. One of the most surprising findings was that none of the prisoners had been assisted by a lawyer, this may be due to Ruyigi being such a remote area. The absence of legal assistance though is an deficiency that IBJ is aiming to fulfill, the organization have begun to collaborate with the Gitega Bar association in order to help the Ruyigi prisoners with pro bono legal counsel. Efforts like that are highly required; a result of the awareness activity was that more than 35 out of 64 sensitized expressed their will to be assisted.

Women holding up their hands as part of survey

After explaining the major changes and the added value of the new criminal procedure code, the roundtable discussion brought forward some important issues that the criminal defense system in Burundi faces. These included the problem and consequences of incrimination of prosecutors who are accused of illegal detention, the new responsibility of police officers to inform family members of detainees’ whereabouts, and punishment for juvenile offenders. One magistrate explained after the meeting: “The theme of the roundtable discussion was very relevant for legal practitioners because it will help us clarify points that had remained unclear in the criminal process up to this day.” Prison officials learned that the new bill will allow them to release prisoners whose detention warrants are not valid anymore.

Outcomes and recommendations that arose from the discussions were very positive. First of all, increasing awareness of the new code among all actors of the criminal justice system was emphasized as a priority. Public and justice officials advised IBJ to organize these types of activities in all provinces across Burundi. Also, justice officials agreed that magistrates who committed illegal acts, such as torture and illegal detention, should be prosecuted. Furthermore, the need to separate the work of investigating and accusing arrested individuals was pointed out, so that the same prosecutor is not in charge of both investigating a crime and charging and discharging detainees. Lastly, it was agreed that there should be legal provisions to implement and enforce all the new principles of the criminal procedure code.

The meeting had some promising outcomes. Participants saw the need for increased collaboration between the different institutions. A representative from the prison authorities assured that they will work more closely with prosecutors and the high court of Rutana. Referring to the widespread issue of prolonged pre-trial detention, a police officer indicated: “We commit to work better with the prosecution’s office and the court so that the delays are increasingly respected.” Acknowledging the lack of access to legal counsel in this remote province, lawyers committed to providing pro bono legal assistance to detainees in Rutana Province.

At the end of the forum discussion, all participants indicated that the discussions made them reflect upon their work and will influence their day-to-day practice. 94% of them claimed that the discussions made them change their perception of the difficulties encountered by the other actors and their role in the criminal justice process.

Enthusiastic about the discussions, participants pledged to repeat the roundtable discussion across the country, especially members of the Parliament. IBJ’s efforts were acknowledged when one of the participants noted: “I would like to thank IBJ for its noble work, which contributes to the promotion of basic legal rights and legal assistance provided to vulnerable people. I wish IBJ to organize activities across all of the country’s provinces.” It appears that most participants agreed, as they all mentioned they would recommend the roundtable to colleagues and peers. The prison authorities of Rutana have since contacted the Bujumbura DRC to request help with legal assistance for vulnerable detainees. One of the members of Parliament has recommended that IBJ set up a pilot legal aid center in Rutana. Rutana is a “neglected” province where no other NGOs work in the field of criminal defense. IBJ will make sure to fill the gap by organizing a group of volunteer lawyers who will travel to Rutana to assist the accused who are defenseless and thus help the justice system move forward.

Above: a group photo of the participants of the Rutana Roundtable Discussion (Photo by: Nadege Kwizera)

In Bubanza prison, on 29 March 2010, IBJ Intern Celesta Duivenvoorde explaining women their rights with the help of an APRODH officer for translation. Photo: Caroline Arnaud

Thus far, six campaigns have been conducted in the prisons of Bubanza, Ngozi (both the female and the male prison) and Bururi. The campaigns are primarily targeting the most vulnerable detainees, namely minors and women, with the objective of informing detainees on their legal rights, such as their right to be defended by a lawyer and for the time-limits of their pre-trial detention to be respected. The pre-trial detention rate of more than 60% of detainees in Burundian prisons is still very worrisome. The main interests of the detainees are to be provided with a lawyer and to know how the trial proceeds. To respond to the latter concern, IBJ staff has created an image explaining the process of the trial and the role of each actor in the courtroom.

Regarding their concern for legal support, both IBJ legal fellows, Herman Ndayishimiye and Janvier Ncamatwi, have committed themselves to supporting the detainees that are educated during these campaigns. Legal assistance is one of the main activities of the IBJ defender program. Consequently, Herman has already assisted for all the Bubanza minors, whose trials are currently in deliberation, and as far as Janvier is concerned, he is determined to assist all the minors that are detained in Bururi prison by the end of June 2010.

Detainees are shown a panel with this image, explaining the role of each actor during the trial.

During each campaign, the detainees gave the IBJ staff members a very warm welcome and showed a real interest in the subjects and asked many relevant questions. IBJ is deeply thankful for their contribution, because in the end, they are the ones who can bring about a real change by demanding their rights to be respected. Their eagerness to learn more about their rights is a great promise for the future improvement of the Burundian legal system.

In Bururi prison, on 5 May 2010. IBJ interns Celesta Duivenvoorde and Caroline Arnaud are educating minors about their rights, while IBJ legal Fellow Janvier Ncamatwi is gaining more information on the cases of his future clients. Photo: Astère Muyango

Above: Banner placed in a clearly visible spot of the city. Photo: Astère Muyango

Magistrates, prosecutors, lawyers, prison officials and police officers were invited to consider the implementation of the principle of the presumption of innocence in their daily work. After IBJ legal fellow Herman Ndayishimiye underlined how crucial the respect of this principle is, attendees were asked to recognize what the obstacles to its effective implementation are. Indeed, this principle is too often flouted. In a number of cases, there is, instead, a “presumption of guilt”. Lawyers explained that they are regularly expected to bear the burden of proof, instead of the prosecutor having to clearly establish the culpability of the defendant. One lawyer even said that he had to provide evidence that his client was a minor, which is undoubtedly one of the prosecutor’s responsibilities.

Above: IBJ Fellow Astère Muyango (left), the first counselor to the governor (middle) and a representative of APRODH (right), at the opening of the roundtable. Photo: Celesta Duivenvoorde

The relationship between magistrates and prosecutors was also addressed. The attendees all agreed that magistrates should make an effort to talk to defendants with the same consideration and respect as they do to prosecutors. It is useful to recall that one of the consequences of the principle of the presumption of innocence is that the defendant is entitled to a fair trial, where all parties involved are given the same rights and consideration.

Above: Magistrates trying to find solutions on how to overcome the obstacles to respecting the principle of the presumption of innocence. Photo: Celesta Duivenvoorde.

A very remarkable debate then took place between the attendees: while the police officers regretted the right of the defendant to remain silent up to the trial, which, according to them, does not help the defendant, lawyers explained that this is a strategy of defense. Police officers admitted to being tempted to arrest people that do not cooperate with them. This assertion led lawyers to respond that the police should restrain from arresting suspects until the culpability of a suspect is clearly established and that only then a suspect could be arrested, while the evidence is being collected.

Above: members of the Ngozi criminal justice system gathered to improve their justice system. Photo: Caroline Arnaud

The event ended successfully. Following interesting discussions, IBJ fellow Astère Muyango asked the participants to take concrete commitments to improve the criminal justice system. Everyone agreed to make a real effort to make these changes happen and IBJ committed to provide the necessary platform for the concrete realization of these great promises.

The circumstances of this campaign were challenging: due to the Burundian electoral campaign, people could be under the impression that IBJ belongs to one of the political parties. We therefore doubled our efforts to present International Bridges to Justice as a non-political and non-partisan NGO, whose aim is to help any person that might get caught up in the criminal justice system.

Above: “freedom is the rule, arrest and detention the exception” placard is here to recall that IBJ is only here to help people. Photo: Celesta Duivenvoorde

 Once again, this legal rights street campaign proved to be a success: almost one thousand people were educated on their basic rights and, among them, 865 volunteered to be interviewed. For the first time, people actually applauded the campaign and explained that they need these type of activities to be informed on their rights. For example, a man approached Astère, the IBJ Fellow, and thanked him for explaining to him that in case he is arrested, he must be explained the reason of his arrest. He admitted that he believed that since the police has the authority of the Public Force, she does not have to justify when acting on behalf of the common interest.

Above: a young man is answering the questionnaire under the gaze of interested bystanders. Photo: Astère Muyango

When we left, the administrator came over and ensured us that everything had gone perfectly. He warmly expressed his gratefulness for the campaign and asked us to do these kind of activities more often in Kinama. We thanked him for his cooperation, which proved again that good cooperation with the Burundian authorities is a necessity to improve the criminal justice system.

Above: IBJ Fellow Astère Muyango briefing volunteers who were to conduct the awareness campaign while IBJ staff would organize the round table. Photo: Caroline Arnaud

IBJ warmly thanks all the attendees for their participation. In addition to four lawyers who kindly traveled from Bujumbura, many members of Bururi and Makamba jurisdictions were present, such as the president of the Tribunal de Grande Instance of Bururi, the director of the Rumonge prison, and the Procureur de la République of Bururi. At the end, there were more than 25 people who tried to solve the delicate problem of pre-trial detention. After having indentified the challenges to an efficient penal system, the participants considered the possible causes of these dysfunctions.

Above: All the stakeholders of Bururi and Makamba provinces’ legal system gathered to find solutions to the issue of the pre-trial detention. Photo: Caroline Arnaud

They showed a real commitment to denounce the obstacles they encountered, identifying, throughout open discussions, what is not working. A new problem was pointed out: several police officers and members of the administration try to leverage a loophole in the law to arrest people for an offense which is not forbidden by the penal code. Indeed, many people are arrested for “consumption of prohibited alcohol”, while this alcohol, although dangerous, is not forbidden by the Burundian Penal procedure code. The aim of these illegal arrests is quite clear-cut: policemen do not release detainees unless they pay a semi-official bail. The participants strongly condemned this too recurrent practice and let themselves in for trying to make its consumption officially out-of-law. They moreover committed to several other concrete engagements, such as meeting each other on a regular basis, as a dialogue platform in which everyone express his difficulties is definitely lacking. Each participant made real commitments to improve the legal system within their capacity. Lawyers even proposed to offer pro-bono legal assistance to pre-trial detainees of the Bururi and Makamba provinces. IBJ acclaims this exemplary commitment.

These three-day events ended with everyone being willing to make change happen, for what IBJ expresses its profound gratitude.

Above: Divided in different groups according to their function, participants discussed about what they could do in order to improve the legal system in Bururi and Makamba province. Here lawyers discussing. Photo: Caroline Arnaud

Above: Senior councillor of Cibitoke province governor, post officer of Mpimba prison, and IBJ Fellow Astère Muyango. Photo: courtesy of Jean-Baptiste Bouzard.

As of the 15th November 2009, a total of 461 juveniles are incarcerated in the 11 detention centres across the country. Among them, more than two thirds are still waiting for their trial. Further, juvenile criminality tends to increase.

This roundtable was thus an opportunity to discuss about this disquieting situation, firstly by identifying its deep causes. However, the main goal of the meeting was to bring members of the justice system together to find out appropriate solutions to the lack of proper juvenile criminal justice system in Burundi. To reach this objective, participants were divided in different groups according to their occupation. This enabled each member of each group to feel concerned about the issue and urged to commit himself, at his own level and within his capacity. Consequently, dialogs concluded with concrete suggestions aiming at ameliorating procedures involving children, finding alternative sanctions to imprisonment, and lastly improving children’s lives while imprisoned.

Above: Astère Summarizing work groups’ suggestions. Photo: courtesy of Claire Habimana.

Beside, copies of the new Penal Code and the Legal Defense Manual were distributed to participants. This manual was prepared by the attorney Mehdi Benbouzid with a view to build the capacity of Burundian lawyers to provide quality and committed counsel to clients. The discussions were an opportunity to point out that Burundi had ratified the Convention on the Rights of the Child, which therefore ought to be enforced in the country. IBJ’s lawyer Herman Ndayishimiye brought some copies of the main articles of the Convention to remind the actors of the justice system of the Government’s obligations in terms of the administration of juvenile justice.

The outcome of this roundtable is truly encouraging. IBJ expected concrete commitments of participants, and the goal was reached. In a friendly atmosphere, each participant was urged to feel part of the Cibitoke justice system and ready to make his best to improve it.

Above: all participants gathered to make evolve minors’ judicial system. Photo: courtesy of Dieudonné Ndayishimiye.

Above: volunteers conducting the campaign. Photo: Caroline Arnaud

Kabezi administrator’s cooperation was also valuable as this activity could not have been conducted this campaign without his keen authorization. He further proved to be enthusiastic regarding IBJ’s mission and activities, asking for a copy of the new Penal Code, which he still hadn’t acquired since April 2009 when the new Penal Code got enacted.

Above: IBJ fellow Astère Muyango handing out the Penal Code to the Administrator of Kabezi. Photo: Caroline Arnaud

Here again, the aim was to explain basic legal rights to rural populations, including the right to access a lawyer should they be arrested. Too many people still think that if they cannot afford an attorney, they are condemned to self-representation. However, the population of Kabezi displayed a real interest in being educated, asking questions and assiduously listening to the answers. At the end, more than 150 people were individually interviewed, and nearly 1400 were sensitized. Even armed forces turned out to show a great interest in the rights of the accused: soldiers spontaneously joined the crowd, and some of them even asked to be trained on their legal rights.

Above: Astère Muyango interviewing a soldier. Photo: Caroline Arnaud

The change in this campaign was the environment where it took place. Kabezi has the characteristic to be really widespread, because the commune includes several hills. In this extent, the campaign was conducted on a 16-kilometre long territory, with groups of interviewers disseminated in little hamlets in the hills, and moving from places to places. This mobility enabled to access and educate more people, and to increase IBJ’s visibility on a larger land than if we had stayed on the same place.

The campaign ended with an enjoyable feeling of success. Rural people are indisputably concerned about their rights and its implementation. More significantly, they asked for cards – in Kirundi language – where the legal procedures about pre-trial detention are outlined. Thus, 190 cards and 60 posters where disseminated all over the territory of Kabezi. The campaign is still going on today, as posters and cards are circulating from neighbourhoods to neighbourhoods across the area.

Above: rural population getting educated concerning their legal rights. Photo: Caroline Arnaud

Above: Rural populations gather around the IBJ team to get aware of the provisions of the newly revised penal code in case of arrest. Photo: courtesy of Jean-Baptiste Bouzard. 

 This campaign was a resounding success, thanks to the noteworthy support of our partner APRODH, which had recruited several local volunteers who generously helped IBJ staff. Local authorities expressed their support to this legal education initiative, and also contributed to the awareness-raising effort. In this extent, posters outlining people’ rights at time of arrest were displayed in several public places, such as the prosecutor’s office, the courthouse and other Cibitoke public offices.

Above : IBJ Fellow Astère Muyango explaining Human rights to a Burundian man, under the gaze of curious children. Photo: courtesy of Jean-Baptiste Bouzard.

Thanks to this precious help, the day ended with a lot of hope. Rural populations, often more vulnerable to abuses than populations in Bujumbura, were engaged about their legal rights at that time of arrest. IBJ team split in stands across the town to reach out to a maximum number of people. Banners which read “Liberty is the rule, arrest and detention is the exception” in Kirundi where displayed at strategic locations. Short questionnaires were handed out to people, which enabled to measure the level of the population’s knowledge regarding its basic legal rights. Then, people attracting people, many citizens spontaneously joined the group surrounding IBJ team, curious to to found out what the campaign was all about and to learn new things. Overall, 120 people were interviewed, and the number of people sensitized about their rights is estimated to be up to 577. Besides, little cards and posters, written in Kirundi, were distributed. The campaign clearly answered a curiosity that had remained unmet until now: rural populations left IBJ team with copies of the poster that they promised to distribute within their neighborhoods and communities.

Above: The hope of a new generation which has the skill to assert its rights. Photo: courtesy of Jean-Baptiste Bouzard.

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)