Bubanza Prison – International Bridges to Justice

Shifting public officials’ mindset in Burundi

fcachat — Wed, 23 Sep 2009 08:50:39 +0000

On July 23rd 2009, just about three weeks after the training and two roundtable discussions involving key stakeholders of the criminal justice system, the Minister of Justice, Jean Bosco Ndikumana, issued a circular at the attention of the President of the Supreme Court, the Director General of the Penitentiary Administration, Prosecutor General and other top officials to request them to proceed to the immediate release of all juveniles under 15 who have been kept in pre-trial detention beyond the legally mandated time. The next targeted category of prisoners is pre-trial detainees who have been kept on remand for 12 months while the offense they are accused of would require a sentence equivalent to less than 5-years imprisonment (according to art.75 of the new penal code). This alarm call reveals the great sense of urgency prevailing among domestic authorities, who have decided, after the prison population reached an unprecedented pick of 10,000 prisoners nationwide, to prioritize prison overcrowding and the related issue of pre-trial detention among other pressing needs.

Above: The entrance to Gitega Prison, whose occupancy rate is 377% as of May 2009. (Photo by Nathalie Mohadjer).

There is no doubt that the continuous lobby of IBJ Fellow and Country Manager, Astère Muyango, the series of meetings conducted with top officials in June 2009 and the momentum created by the widely-publicized training and roundtable events contributed to this unanimously acclaimed decision. The government representatives who took part in the series of training and roundtable workshops got invited via the Office for the Coordination of the Stakeholders of the Justice Sector (“Bureau de coordination des intervenants dans le secteur de la justice”), the initiator of the circular within the Ministry of Justice, with which Astère has been in constant touch, lobbying in favor of the rights of the accused persons.

Efforts to comply with the provisions of the newly enacted penal code, which brings up the age of criminal responsibility from 13 to 15 years-old, are greatly needed. However, when operating in a system which strives to rebuild from ashes, the key to reform is sometimes in the provision of the most basic tools. The Prison Director of Bubanza, Salvator Ngendahayo, recently admitted that he was very enthusiastic about implementing this circular and improving the living conditions in his prison, but that handcuffs crucially lack for wardens to escort detainees to the courtroom. The sad reality is therefore that people, whose guilt has not yet been objectively established, end up languishing in prison because unable to assist to their hearing. The Bubanza Prison occupancy rate – 430% – is amongst the highest in the country. The country’s penitentiary administration is significantly under-resourced: there is only one truck to transport prisoners from and to courts; and, quite frankly, after seeing the state of the vehicle at Mpimba Prison in late June 2009, we cannot seriously imagine that it can meet the demands of the country’s 6837 pre-trial detainees (May 2009 data from the Burundian Penitentiary Administration). Lack of transportation therefore means that, guilty or not, some detainees can stay up to 9 years waiting to appear before the judges. This is a “pretty” long period of time considering that life expectancy for men is equal to 51 years (according to 2009 data from the CIA World Fact book). This situation is unacceptable in the light of the principle of presumption of innocence which is enshrined in Burundi’s Constitution (art. 40).

Above: Bubanza Prison wardens lack handcuffs to escort detainees to the courtroom; here with defendants that IBJ volunteer lawyers eventually helped get released, July 2009. (Photo by Astère Muyango).

The urgency of the situation urged Déogratias Suzuguye, the Director of the Penitentiary Administration, whom IBJ delegation has already met twice, to invite IBJ to take part in a newly set up Task Force (“Plan d’action sur la maîtrise de la population carcérale 2009-2010”) whose main objective is to reduce prison overcrowding in 2009-2010. Specifically, the Task Force seeks to reduce pre-trial detention through improved coordination among the major stakeholders, institutional capacity-building and enhanced respect for the criminal procedures, in particular when it comes to delays. The hope is to expedite trials, have magistrates resort to pre-trial detention in the least cases possible, and make sure the accused are aware of their rights and legally assisted throughout the proceeding. This is a formidable window of opportunity for IBJ which, three years after its initial trip to Burundi, clearly has had an impact on building a climate for reform in Burundi.

Above: From left to right: Karen Tse, IBJ Founder and CEO, Déogratias Suzuguye, the Director of the Penitentiary Administration and Astère Muyango, IBJ Burundi Fellow and Country Manager meeting on June 26th, 2009. (Photo by Fanny Cachat)

Roundtable discussions effect change in Burundi

jbouzard — Wed, 09 Sep 2009 15:15:10 +0000

During the last week of July, IBJ organized a roundtable in the town of Bubanza, roughly 45 minutes drive from Bujumbura. The choice of Bubanza as the venue for this activity was not neutral as Burundi rural areas experience tremendous needs, often more acute than in the capital city where most of lawyers are working. There was also a clear willingness to show that IBJ is not forgetting those people and that our action won’t be circumcised to Bujumbura solely. Our local partner APRODH once again helped us in setting up the event. IBJ issued a certain number of invitations that were then distributed by APRODH regional office, in a more appropriate position to know which officials might be requested. The IBJ delegation came especially for that day from Bujumbura, alongside with 7 lawyers responsible for representing their profession during the session, as there is not a single lawyer registered in the province.

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)

45 pre-trial detainees released from Bubanza Prison as result of an IBJ-organized roundtable

fcachat — Wed, 09 Sep 2009 10:34:06 +0000

Problem solving happens in a number of different ways; a good theoretical understanding of the situation is necessary, but often, a targeted action is needed. That’s the conclusion lawyers, magistrates, police officers and prison officials came to on the 30th July 2009, at the roundtable discussion co-organized with APRODH in Bubanza province. The forum discussion was held in order to look at the problem of the congested Bubanza prison, the underlying issue of pre-trial detention and to spark a coordinated answer to this form of denial of justice.

The roundtable discussion was attended by 7 lawyers (3 of whom participated in last July’s training), 6 judicial police officers, 2 prison officials (including the Bubanza Prison Director), the President of the Bubanza Court (Tribunal de Grande Instance de Bubanza) and 3 prosecutors. Throughout the discussions, IBJ has observed a common will not only among defence lawyers, but also among police officers, magistrates, and prison officials to elevate their professional standards and promote a culture of respect for the rule of law.

During the first phase of the discussions, the participants identified the great rate of pre‐trial detention in Bubanza as a major issue of concern and as unacceptable for a system which should strive to promote early access to justice. Pre‐trial detainees are denied their most fundamental right – freedom – which is supposed to be guaranteed by the application of the principle of presumption of innocence. This unacceptably high pre‐trial detention rate puts under strain the prison system, all the more so because the prison’s occupancy level is amongst the highest in the country.

Above: Police escort of pre-trial detainees waiting to get into the Bubanza Court Room (Photo by Claire Habimana)

Participants then actively discussed the root causes of this problem, among them, insufficient court system resources, lack of enforcement of legal obligations of the rights of the accused, and lack of training of judges were identified as particularly challenging.

Finally, the discussion of different problem‐solving approaches led to the adoption of several concrete actions. Lawyers committed to spending a part of their August vacation visiting Bubanza Prison and working to expedite the proceedings of prisoners who have remained in pre‐trial detention long‐term. The Prison Director committed to facilitate the process by granting lawyers unlimited and unrestricted access to prison records. And the President of the Bubanza Court agreed to expedite the trials of those who have remained, often illegally of unjustly, on remand for a long period of time, thus beginning to repair the damages caused by the non‐enforcetement of laws designed to prevent excessive legal delays.

Organized with our historic partner in Burundi, the Association for the Protection of Human Rights and Detained Persons (APRODH), this roundtable is a resounding testimony of how much change can be brought as a result of collective stimulation, exchanges and engagement. APRODH committed to provide transportation for lawyers to reach Bubanza and IBJ promised to facilitate and fund accommodation for them.

As a first step towards keeping up with the commitments, on August 12 and 13, 6 of the 7 lawyers went to Bubanza and managed to book court dates for 61 cases to be heard shortly at the Tribunal de Grande Instance. Since then, 45 detainees have been released among whom 15 are juveniles.

Above: Lawyer Herman NDAYISHIMIYE, an IBJ training and roundtable participant, gathering information from his clients to prepare their case before the Bubanza Court audience. (Photo by Claire Habimana)

IBJ was fortunate to make a few crucial breakthroughs which helped to facilitate this dramatic turnaround. Perhaps most importantly, IBJ received the blessing of the Governor of the Bubanza Province who, in addition to authorizing the roundtable, urged participants to make concrete and personal commitments to reduce pre‐trial detention in the province and assured of his continuous support because; in his words “a functioning justice system is not the concern of only a couple of professionals, but a collective necessity to strengthen peace and democracy across the country”.

Above: Lawyers Sonia NDIKUMASABO and Patrick-Didier NUKURI pleading for the immediate release of their pre-trial clients in Bubanza court. (Photo by Claire Habimana).