In Burundi, many children face prolonged pre-trial detention despite the legal provision allowing only one to two weeks of detention. This contributes to extreme prison overcrowding. Burundi’s children face exploitation, including hazardous labor and human trafficking. The implementation of child protection laws and policies falls short, with the police and judiciary lacking child-friendly practices. The growing number of children without parental care on the streets poses significant challenges for the government and communities in addressing their basic needs and protection, while authorities routinely forcibly remove these children. 

Youth Justice Charter Defender Anne Bella and  IBJ Lawyer Jean Claude doing radio rights awareness

Joseph
On November 8, 2023, Joseph, a 17-year-old residing in Bujumbura, was arrested and taken to Kamenge prison. Despite having left school to support his destitute family, he found himself accused of stealing a chain and a mobile phone while walking in Bujumbura town hall. The accuser promptly placed him in solitary confinement, where he spent three days without being questioned or receiving any food. On the second day, his friend informed him that the missing phone had been found, but the individual who accused him failed to report it. The Charter of Justice defender, collaborating with a lawyer, intervened, requesting Joseph’s questioning. Following their efforts, the judicial police officer released him on 10 November, 2023.

Louis

While our youth justice defenders typically focus on aiding children, Anne Bella Irakoze recently had the opportunity to assist a young man in Burundi. Louis lived in Bujumbura with his parents and worked as a motorcyclist. On October 22, 2023 his mother became gravely ill. In a desperate attempt to fund her treatment, Louis took and sold a mobile phone from a friend. This action led to his arrest and detention in the Buterere zone jail, where he remained for four days without police questioning. Louis did not deny the accusation of theft, but explained his actions were due to the desperate need for money to save his ailing mother. The youth justice defender Anne Bella enlisted the help of a lawyer and assisted Louis. They secured his interrogation and suggested a repayment plan. Louis was to return the seventy thousand Francs in installments over two months. The lawyer emphasized that Louis’ actions, though wrong, were driven by the urgent need to save his mother’s life, and not by any malicious intent. After the agreement was signed, the officer in charge decided to release Louis.

Radio Campaign Burundi
Anne-Bella Irakoze, a 22-year-old student and journalist, embarked on a unique project in Burundi to tackle the issue of children in prison. She crafted a novel approach involving three key actors—family members, lawyers, and journalists—who played crucial roles in the lives of incarcerated children.
The project aimed to provide emotional support to these children by involving their family members, ensuring they aren’t alone in their struggles. Lawyers were brought in to provide prompt and effective legal aid, giving the children a fighting chance for justice. Finally, journalists like Anne-Bella herself, played a vital role in bringing these stories to the public, creating awareness and gathering support. 
As Anne-Bella’s project gained momentum, she collaborated with JC to host a radio show in Burundi. The show delved into the challenges faced by children in the Burundi criminal justice system and highlighted the contribution of the International Bridges to Justice (IBJ) organization. The radio show reached 500 people, spreading awareness and sparking conversations about the rights of children in the country.

Anne 
On November 6th, 2023, Anne, a 16-year-old Burundian girl working as a domestic helper and babysitter, found herself arrested and taken to Kamenge prison. During a police search at her employer’s house, drugs were discovered in the room where she was with her boss’s baby. Despite her explanation that the drugs belonged to her employer, Anne was ignored and taken into custody without being questioned by the judicial police for four days. Hungry and in need of legal assistance, Anne’s situation improved when the Charter of Justice defender, in collaboration with a lawyer, ensured her questioning. When it became evident that Anne had no connection to the drugs, the Judicial Police Officer released her on November 10, 2023, restoring her freedom. 

Eric

In Bujumbura province, 17-year-old Eric was arbitrarily arrested by individuals affiliated with the ruling party (the Imbonerakure) while playing with peers. Falsely accused of violently extorting money and a phone, he faced the risk of prolonged imprisonment without due legal process. Eric’s rights were violated numerous times, including being held in the same cell as adults and being arrested by individuals lacking the authority to make arrests. Burundi’s criminal laws specify that only Judicial Police Officers, Public Prosecutor’s Magistrates, or those authorized by law can carry out arrests. Eric’s arrest was arbitrary, lacked a warrant, and resulted in him spending several days in detention without his family being informed. Despite insufficient evidence, he remained in custody for 27 days until legal intervention by IBJ lawyers, including Anne Bella Irakoze, who emphasized the arrest’s illegality. Thanks to their efforts, Eric was released on September 13, 2023.

Luc 

Luc, a 15-year-old from a poor farming family in Bujumbura, found himself entangled in juvenile delinquency due to the absence of proper guidance and education. Having never attended school, he faced imprisonment at a young age. While in his neighborhood, he was arrested without his family being informed. Accused of extorting 150,000 Burundian Francs, Luc endured 29 days of detention without judicial review, raising concerns of an unjust conviction. The timely intervention of IBJ lawyers, demonstrating the illegality of his detention, resulted in Luc’s release on September 15, 2023.

Michel

Michel, a 15-year-old from Bujumbura province, abandoned school and opted for a street life with his peers. While in Buterere, having traveled from Cibitoke to visit friends, he was arrested on grounds of association with another youth and accused of collaboration in theft. Michel faced 29 days of detention without legal proceedings and endured threats of severe consequences. IBJ lawyers contested his arbitrary arrest, emphasizing the prolonged detention without a hearing and the lack of substantial evidence for the accusations. The violations of Michel’s human rights during his custody were highlighted, leading to his release on September 15, 2023, secured by the efforts of IBJ lawyers.

Yves

Yves, a 17-year-old from Bujumbura Mairie, found himself living on the streets after leaving his impoverished family. After joining a group involved in theft, Yves was arrested by the police. He was falsely accused of stealing a Techno phone, which some of his friends had taken, and inflicting serious injuries on an officer while defending himself. He faced charges of Aggravated Intentional Bodily Harm and Extortion, both carrying sentences exceeding 5 years. Facing police brutality and the looming threat of serious charges, IBJ lawyers intervened. The lawyers addressed human rights violations Yves faced, including physical abuse, and emphasized the disregard for the presumption of innocence. As a result of their efforts, Yves was released on September 12, 2023.

Pierre

Pierre, a 15-year-old from Bujumbura, belonged to a low-income farming family that encouraged his education. Despite their efforts, he voluntarily left school. Subsequently, he was falsely accused by youth affiliated with the ruling party (Imbonerakure) of being part of a group of thieves extorting property at night, which resulted in his unjust imprisonment. Faced with threats of prolonged detention and harm, Pierre spent 20 days behind bars. IBJ lawyers emphasized that authorities only have the power to detain a person for 7 days, leading to Pierre’s release on September 28, 2023.

François

François, a 16-year-old orphan from Muramvya, abandoned school in 6th grade after losing his father. Physically vulnerable with significant and malodorous wounds on both legs, which risked amputation without proper treatment, François sought to sell an abandoned sign he found in the Nyakabiga neighborhood. Arrested in the INSS neighborhood by the local chief on charges of possessing the sign, he was accused of stealing public property. IBJ lawyers highlighted François’s desperate circumstances and urgent need for medical care, as well as arguing that he only took abandoned property. Acknowledging his health issues, authorities released François.

Charles 

A 16-year-old minor, Charles, faced health issues that led him to abandon school despite his family background and previous efforts. Charles was arrested and accused of assaulting three young boys in the Buterere neighborhood. On the day of his arrest, individuals affiliated with the ruling party (Imbonerakure) accused him of the alleged crimes and intimidated him with threats of violence to force a confession. Charles found himself in a situation he did not fully comprehend. The lawyer focused on challenging the apparent impossibility of the crime – three boys supposedly assaulted simultaneously by another minor of 16 years. The lawyer’s request for medical examinations for the three boys was denied. The lawyer additionally argued that neither the material element nor the moral element of the crime were shown based on the evidence. Unfortunately, although Charles was released from prison, he was transferred to a Juvenile Rehabilitation Center.

Taner

A 16-year-old named Taner is facing the prospect of a two-year prison sentence for charges related to “undermining the national economy,” These charges revolve around a transaction involving just over 12 US dollars. Taner’s arrest on June 15, 2023, stemmed from a sale of coal. Taner, selling the coal on behalf of a friend, received two old banknotes of BIF 10,000 and three old banknotes of BIF 5,000. Unaware of their invalidity as these old banknotes had not been exchanged for the new ones recently introduced in Burundi, he completed the sale, leading to the arrest of both him and the customer. Mrs. Fides Nibasumba, a BBJ taskforce lawyer, defended Taner at the Ntahangwa Public Prosecutor’s Office on July 4, 2023. She argued that Taner’s lack of awareness about the counterfeit notes indicated an absence of criminal intent. The judges were persuaded by her arguments, resulting in the decision to grant Taner provisional release, and the customer was also released.

Fabrice

Fabrice, a sixteen-year-old boy in Burundi’s capital city of Bujumbura, faced a challenging situation when his friend stole a shopkeeper’s phone and fled. Despite Fabrice’s shock and lack of involvement, he was arrested and accused of assisting in the theft, leading to his detention at the local police station. During a routine visit to the holding cells, lawyers from Burundi Bridges to Justice (BBJ), including Lawyer Reverien Manirakiza, intervened by asserting that someone cannot be arrested or detained for a crime they did not commit. Thanks to the timely and assertive actions of BBJ’s lawyers, Fabrice was immediately released.

Bella 

Bella, a young girl working as a cleaner, faced unsubstantiated accusations of theft from her employer which led to her arrest in 2023. Despite Burundian law stipulating immediate placement in a center for minors, Bella spent three days in police custody. Lawyers from Burundi Bridges to Justice (BBJ) discovered her case during routine visits to local police stations. Jeanvier Ncamatiwi took on Bella’s case, arguing before the OPJ that she was falsely accused and this tactic was used by her employer to evade payment. Furthermore, it was revealed that Bella, being a minor, had been illegally hired. Following Ncamatiwi’s intervention, Bella was released, and the OPJ demanded the payment of the salary owed to her.

A resurgence of conflict in eastern Democratic Republic of Congo (DRC) has disrupted the country. Many people have died or been displaced because of this. The DRC, with a population of about 95 million, has the second highest number of displaced people globally, with Save The Children estimating 2.8 million children in the eastern DRC have been displaced. Persistent violence between government forces and armed groups has destabilized the country. Conflict has raged in parts of the country for nearly three decades, with children killed, sexually assaulted, abducted, and forcibly recruited for use by armed groups. While torture is criminalized in the country, individuals, in particular women and children in pre-trial detention, are still extremely vulnerable to physical, mental, and sexual abuse, including torture. 

IBJ Youth Justice Charter defender Nöel Mbungu with children at a rights campaign in eastern DRC

Hermand and Boris

The story of Hermand and Boris highlights the harsh realities faced by children in conflict zones. The violent fighting in Rutshuru territory, which led to the loss of their parents, forced them to seek refuge in a displaced persons camp together with their paternal uncle. 

These desperate circumstances pushed them to resort to begging in Goma, further exposing them to the dangers of the outside world. Unfortunately, their situation took a darker turn when they were accused of stealing from a clothing store in the Birere district and subsequently arrested. After enduring three days of police custody in a dim and oppressive cell, their disappearance was reported during IBJ’s project visit to the Kanyarutshinya camp. 

Following police station alerts and an investigation, the children were cleared of charges, released, and reunited with their uncle.

Jean

Jean is an orphan from DR Congo, who has been living with his sister since he was 12 years old. In February 2018, when Jean was sick and resting at home, the police burst into his bedroom, falsely accusing him of involvement with a criminal gang. Jean was interrogated and transferred to military court, where he remained in detention for over four years. In December 2022, the court declared itself incompetent to handle Jean’s case because he was still a child. He was finally sent to a juvenile court, where Jean was able to meet with an attorney from DRCBJ. The DRCBJ attorney presented several witnesses who testified that Jean was ill and at home at the time of the alleged crimes. Upon reviewing the evidence, the judge ruled that Jean was innocent. After being detained for five years and 20 days for crimes that he did not commit, Jean was finally released.

1.6+ million people reached through Radio Campaign in DR Congo

Meanwhile, in the Eastern Democratic Republic of Congo, Youth Justice Charter Defender Noel Mbungu was working to help children affected by conflict. The harsh conditions in displaced persons camps often forced children into committing petty offenses for survival, leading to their appearance in court without access to legal representation.

Noel launched a rights awareness campaign on International Children’s Rights Day, focusing on key articles of the youth justice charter. The campaign was attended by 203 displaced children and their families and aimed to educate them about the fundamental rights of children in judicial and prison environments. During the intervention, they focused on articles 1, 3, 4 and 5 of the youth justice charter. 

The impact of Noel’s campaign was substantial, reaching an impressive 1,662,938 people through a local radio channel. The program manager informed him that this number represented the regular listeners based on surveys conducted. Considering the widespread broadcast in two provinces, North Kivu and South Kivu, the reach extended to cities like Goma and various localities in both provinces.

Both Anne-Bella and Noel’s projects showcase the importance of rights awareness campaigns. Through their innovative thinking and collaboration with different stakeholders, they not only provided legal aid and emotional support to children in need but also brought awareness to these issues. The effect of their efforts is shown through the impressive reach of their radio shows, emphasizing the critical role that awareness plays in protecting vulnerable children. 

An estimated 7,000 children in Rwanda live on the streets, facing various challenges as runaways, homeless individuals, or street workers. These children are highly vulnerable, often suffering from malnutrition and diseases, which makes them susceptible to abuse, neglect, and exploitation. In Rwanda’s capital city, Kigali, the Gikondo Transit Centre has been identified as an unofficial detention center where street children are arbitrarily detained. Here children endure inhumane conditions marked by overcrowded rooms, poor hygiene, and inadequate sanitation as well as limited access to food, water, and medical treatment. Children in this facility often experience violence inflicted by both the guardians and other detainees. 

Rwanda Youth Justice Champions’ Training for Students in Kinyarwanda

On September 6, 2023, our Rwanda Youth Justice Champions organized a training session for students of juvenile justice at the University of Rwanda Huye campus in Kinyarwanda. The broader theme was ‘Building Stronger Communities: Harnessing Student Potential to Reinforce Government Initiatives in Juvenile Justice’. Despite socio-economic reforms, Rwanda remains one of the world’s poorest countries where children continue to suffer from violence, child labour and exploitation, and poor health conditions.

Students were trained to be community ambassadors, promoting children’s rights. Specifically, the training equipped students with basic legal knowledge which they will use for community-level engagement. 

After their training, the students will share information  on juvenile justice with their communities to reduce youth incarceration and enhance awareness of individuals’ rights.

During the training, participants shared their experiences, discussing achievements, challenges, and limitations. Most importantly, they explored mechanisms for advancing children’s rights in Rwanda, focusing on rights online and within the criminal justice system.

A practicing lawyer and a lecturer from the University of Rwanda School of Law were invited to train our young justice defenders. This training was also supervised by our mentor from Rwanda Bridges to Justice Counsel, Joelle Kabagambe.

The community outreach concluded successfully. Rwanda Bridges to Justice (RBJ) plans to maintain communication with the government of Rwanda, ensuring the implementation of measures related to children’s rights across various administrative levels, including education and justice.

India

Over the past five years, more than 800 children have been incarcerated in adult prisons in the city of New Delhi. The detention centers dedicated to juveniles are overcrowded and leave children in need of basic necessities they have a right to. While there are laws in place to protect juveniles, in practice authorities often view youths they interact with as hardened criminals rather than children. Additionally, for “serious offenses” juveniles are often tried and sentenced as adults. India also has one of the largest populations of individuals in pre-trial detention in the world, with an estimated quarter of a million people in pre-trial detention.

Sade

Discriminatory laws against women in India persist, hindering the right to a fair trial. Matters get even more complex in cases where the accused is a foreigner, unaware about local laws and practices. Sade was a young Nigerian woman who relocated to New Delhi’s Uttam Nagar with her husband for work. She had her own clothing line and food business. However, she suffered for months because of her husband’s drinking habits which lead to arguments between the couple. During one such argument, Sade was physically assaulted by her husband, and as an act of self-defense, she critically injured her husband with a knife. 

Although she immediately brought her husband to the hospital, he ended up dying from the injury. Sade was then brought into police custody and taken to Tihar Jail, where she remained in pre-trial detention for 5 years. In 2020, IBJ India took up her case, securing bail for Sade in May 2022. As a foreigner living in India, she had no one to follow up on her case or support her until IBJ India got involved. Presently, Mr. Ajay Raghav, an IBJ-affiliated lawyer, is representing Sade under the guidance of IBJ India’s Country Director, Mr. Ajay Verma.

Matia

Maita, a Zimbabwean national, who was visiting India was detained in 2019 by airport authorities and charged with carrying large amounts of illicit substances. From the very beginning, she asserted her innocence but she was nevertheless arrested. First, she was sent to judicial custody and then to Central Jail. IBJ India offered her legal aid and filed for bail, which was initially rejected by the trial court. However, IBJ refiled for bail in the High Court and it was finally granted in 2022. 

Y Vs. State of Delhi

Y, the son of an electrician, found himself at the center of a harrowing legal battle. Accused of the murder of an elderly lady, Y’s life took a dark turn when he was arrested at the age of 17. Despite being a minor (Child in Conflict with the Law – CCL), he was sent to the Sessions court to be tried as an adult, causing distress for him and his family. 

Amidst the turmoil, Y’s father tirelessly attended court proceedings and tried to raise funds for a private lawyer which greatly affected his business. However, Y was granted interim bail from May 15th, 2020, to March 15th, 2021, as a part of the Supreme Court’s measure to prevent the spread of the Covid-19 pandemic in prisons. During his release, Y assisted his father and acquired new skills in repairing electronic items, including air conditioners. He even pursued his education through the Open School system, passing his exams and applying for admission to Senior Secondary. After the completion of his interim bail period, Y surrendered on his own and presented himself to the Police Superintendent. 

Multiple attempts to secure Y’s release on bail proved futile. Desperate for legal assistance, Y’s father sought help from IBJ India. With their support, a fresh bail application was filed before the High Court of Delhi on May 31st, 2022. However, hope dwindled when the High Court dismissed the application on September 21st, 2022.

Undeterred, Y’s father, with the unwavering support of IBJ India’s CCL Defence team led by Mr. Ajay Verma, took the case to the Supreme Court of India. After meticulous arguments presented by Mr. Verma and the Additional Solicitor General of India representing the State of Delhi, the court acknowledged that Y’s trial was still ongoing, with several crucial witnesses yet to testify.

Considering Y’s prolonged custody, his impeccable compliance with the bail conditions during his interim release, and the need for pretrial remedy, the Supreme Court deemed it appropriate to grant bail. With this landmark decision, Y was finally set free. This victory stands as a testament to the relentless efforts of IBJ India’s CCL Defence team, led by Mr. Ajay Verma. It not only secured justice and pretrial remedies for Y but also provided a glimmer of hope for countless children in conflict with the law facing the criminal justice system in India.