This event took place a year after IBJ organized a similar roundtable on the same topic. Taking a collaborative format, this roundtable was organized to evaluate how criminal justice stakeholders are dealing with matters relating to children, how they are implementing what they have committed themselves to doing, and what can be done to improve collaboration as well as speed up the treatment of juvenile offenders’ cases going forward.

The Convention on the Rights of the Child, which has been incorporated into the Burundian constitution (article 19), states that with all decisions concerning the child, the best interest of the child must be taken as the most important consideration (article 3 of the CRC). With this statement began the task of getting the audience to notice that, in accordance with the Convention and Burundian constitution, detention of the child must be prevented as often as possible. Aline Nijimbere, IBJ legal fellow, had the participants think about the scenario “what if you had committed or been suspected of committing a crime at a young age and then were jailed?” According to Aline, it would have been impossible for most of the participants to have the same role as the one they currently have in society if this statement was true.

Then, in addition to the example mentioned, the roundtable also noted that juvenile justice goes way beyond simply organizing society by the rule of law. It is also a matter of value judgment. This is why all participants had to focus their attention on what can be done to avoid the insufferable imprisonment of children, and if there is no other solution, then how to deal  with such cases involving children.

Exchanging ideas on the issue being discussed, the presidents of the courts of Muramvya and Bururi each shared experiences on how they have been implementing procedures of juvenile justice in partnership with IBJ. Then, as a whole, the roundtable network of stakeholders came to the conclusion that it would be feasible to advance the rights of children in conflict with the law through individual and shared commitments. Not only did participants commit themselves to changing their ways of enforcing criminal provisions protecting the child, but also, they found the importance in working to bridge the existing gaps that may be present due to lack of collaboration. They agreed that setting up a solid network and laying a functioning chain of actors, starting with the prosecutor who conducts questioning of the child after the arrest stage, all the way to the judges who sit in trial, are both important and possible. Then, in their individual commitments, the secretaries for the prosecution and the court clerks committed themselves to distinctly classifying the files of children and entering the information rapidly for all documents concerning children’s affairs. Urgency will be applied while transmitting files to courts whereas prosecutors will avoid, to the extent that they can, issuing warrant of arrest and calling for heavy penalties against children in conflict with the law.

To follow the example of Bururi and Muramvya, all judges committed to holding regular special “in-camera” hearings for children. Hopefully, these minimum standards guiding juvenile justice are going to be observed.

Amazed by this short, energizing event that will  lead to a new age of juvenile justice in Burundi, IBJ will  support the implementation of the commitments raised through the roundtable until they become a reality. The biggest recommendation participants agreed upon is tightening the collaboration of all justice stakeholders in promoting and protecting the rights of the child in conflict with the law, and IBJ is committed to support this endeavor.

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.

The conference brought hundreds of lawyers from the Law Society of Kenya, the Tanganyika Law Society, the Uganda Law Society, the Zanzibar Law Society, the Kigali Bar Association and the Burundi Bar Association together on a path of reforming the legal aid system across the region. The progressive integration of all five East African countries demands the harmonization of practices and procedures across the region.

While the first day of the conference was dedicated to business law and economic integration, the second day focused on the role lawyers can play in promoting the advancement of human rights and access to legal aid across the region. Each country introduced its legal aid system, highlighting the specific challenges to universal access to legal counsel.

Herbert Rubasha, a member of IBJ’s Rwanda Country Advisory Council, presented his paper on access to legal aid in Rwanda. He was echoed by representatives of the Uganda Law Society, the Burundi Bar Association, the Zanzibar Law Society and the Tanganyika Law Society. They all stressed the urgent need for a State-sponsored system which ensures timely access to counsel for all citizens, regardless of the crime they are suspected of having committed.

Burundi’s situation is particularly alarming: as opposed to the other East African countries whose law societies bear the burden of legal aid, the sporadic legal assistance provided in Burundi is exclusively manned by non-governmental organizations and a handful of young passionate lawyers, who take on their own time and resources to protect their fellows’ legal rights.

Astère and Bosco kept abreast of the latest regional innovations. They also built connections with senior members of other countries’ bar associations. Dr Fauz Twaib, the President of the Tanganyika Law Society, and member of the EALS Executive Council, Bruce Kyerere, President of the Uganda Law Society and member of the EALS Executive Council, and other key members of the EALS Executive Council  all expressed a desire to work with IBJ to promote systematic access to legal counsel across the region. Don Deya, the CEO of the EALS, displayed a particular interest in IBJ’s idea of a regional training hub in Kenya. Relationships have also been initiated with other African countries’ bar associations, in particular the Law Society of Zambia and Ghana Bar Association.

Above: Bosco (left), IBJ Rwanda Fellow and Astère (right), IBJ Burundi Fellow pausing together during a break.

Above: Astère (left) and Bruce Kyerere, the Uganda Law Society President (Photo by John Bosco Bugingo)

Above: Astère (right) with Dr. Fauz Twaib, the Tanzania Law Society President (Photo by John Bosco Bugingo)

Above: Astère and the President of the Ghana Bar Association (Photo by John Bosco Bugingo)

Above: The recipients of Awards at the 14th East Africa Law Society Annual General Meeting (Photo by Astère Muyango)

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)

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).