In addition to street law campaigns, IBJ Burundi, in partnership with APRODH, has begun running legal rights campaigns in Burundian prisons.

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

On the 22nd of April, IBJ Burundi held, in partnership with APRODH, a roundtable on the issue of the presumption of innocence. This roundtable gathered thirty stakeholders of the criminal justice system of Ngozi, a province in the North of the country, including the President of the Court of Appeal.

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.

Like every month, IBJ Burundi, in cooperation with our precious partner APRODH conducted on the 30th of March an awareness raising campaign to educate people about their legal rights. This month, the IBJ staff went to Kinama, one of the disadvantaged neighborhoods in the north of the Burundian capital, Bujumbura. To turn this campaign into a success, we received the invaluable help of volunteers from the ‘Association des Juristes Catholiques du Burundi’ (the Association of Catholic Jurists in Burundi).

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.

From 23 to 25 February, IBJ staff went to Rumonge, a city in the south of the country, to conduct two activities. For the first time indeed, both a street law campaign and a round table were conducted at the same time, thanks to the invaluable help of six volunteers recruited by the local APRODH office. While the rural population was educated about its legal rights, stakeholders of the penal system gathered to find solutions to the difficulties of pre-trial detention. This issue remains a crucial challenge for the Burundian State in order to promote the rule of law, as more than 63% of Burundian detainees are awaiting trial as of the 31st of January 2010.

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

On 9th December 2009, IBJ co-organised a fifth roundtable with APRODH in the province of Cibitoke. The aim was to gather members of the Burundi judicial system- whether lawyers, prison officials, police officers, prosecutors and judges- to discuss the issue of juvenile criminal justice. APRODH’s help was once more invaluable, since it contributed to prepare the event in Cibitoke province, sending invitations to the relevant members of the local justice system.

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.

On 26th and 27th January, IBJ Burundi organised a street law campaign in Kabezi, a commune located in the province of Bujumbura rural, 20 kilometres southwards of the capital. This campaign was already well-rehearsed, since it was the seventh awareness campaign brought into play by IBJ. IBJ team cooperated with its partner APRODH, which provided six volunteers, who conducted the campaign with IBJ and APRODH staffs, and indicated us frequented places.

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

Each 10th December, the international community celebrates the anniversary of the Universal Declaration of Human Rights. International Bridges to Justice Burundi took part to this very special day, organizing a legal rights awareness campaign in Cibitoke, a province in the North-West of Burundi, near the Congolese and Rwandese borders.

 

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.

IBJ is pleased to announce its renewed partnership with APRODH (Association for the Protection of Human Rights and Detained Persons). This is an encouraging sign as it signals the start of the movement to prevent torture and effectively implement progressive and fair criminal legislation in Burundi. This agreement recognizes APRODH as a primary vehicle through which Burundi’s human rights ideals can be concretely realized. It also acknowledges IBJ’s commitment to assist in efforts by civil society and professional bodies to implement existing criminal laws through providing legal training, structural support and material assistance.

From left: Program Director Sanjeewa Liyanage, APRODH Founder and Chairman Pierre Claver Mbonimpafar, IBJ Founder and CEO Karen Tse, Legal Representative Jean-Baptiste Sahokwasama and former IBJ Africa Fellow Marlon Zakeyo following the conclusion of the MOU in Burundi.

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