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! 

«  Helping those affected by HIV/Aids gain respect, rights and values in their society is a wonderful thing ».

Christian Zarweah, IBJ’s 2012 Fellow from Ganta, Liberia continues his massive awareness program across the region on the legal rights of people living with HIV/Aids.

On April 13^thand 14^th, the Defence Team and volunteers carried out awareness and education campaigns on the legal and equal rights of all citizens, including those affected by HIV/Aids. Several people were invited to speak during the event. Councilor Julius Monluo, the District Attorney of the region, spoke on the rights of all citizens including those affected by HIV/Aids. Christian Zaeweah spoke about the moral and legal responsibilities of all citizens to defend those affected by HIV/Aids. He particularly emphasized the role of communities in ensuring that affected people are respected and protected. This campaign covered over two hundred communities and was broadcasted in the different local languages to increase awareness.

This program is part of the larger project that Christian Zarweah is running with the help of IBJ to train attorneys and volunteers to better defend people living with HIV/Aids within Liberia’s criminal justice system. Mr Zarwaeh wants to improve the poor conditions of detainees suffering from HIV/Aids, many of who languish in prison or pre-trial detention because they do not have access to an attorney to plead for their legal and healthcare rights.

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)