As last Saturday Burundi was, like the rest of the world, paying a tribute to the victims of torture worldwide, IBJ is embarking on a series of activities whose objective is to systematically promote the rights of the accused in Burundi, including the right to be free from torture. Three training sessions and several roundtable discussions specifically focusing on citizens’ basic legal rights will be conducted in partnership with the Burundi Bar Association and APRODH.

From July 5th to July 9th, Burundian lawyers will be brought together to brainstorm solutions to the crucial issues of rights at arrest and interrogation, pre-trial detention and access to legal counsel. Burundian lawyers’ trial skills will be enhanced through role plays, visual representations and group discussions. For the very first time, Burundian lawyers will get exposed to the adversarial process, in particular to cross-examination, which is particularly relevant in light of the recent integration of Burundi into the predominantly English-speaking East African Community. International trainer and US Public Defender Stephanie Slattery will urge lawyers to reflect upon her experience to gain the necessary boldness to carry the reform of their system. The training will integrate potential future instructors and equip them with the legal teaching skills they need to replicate small legal defense trainings to their peers.

On July 8th, a series of justice community roundtable discussions on the rights of the accused will be conducted to captivate the attention and imagination of lawyers, judges, prosecutors, police officers and prison officials in conceiving and implementing an efficient and equitable judicial future.

Finally, July 9th will see lawyers try their hand as prosecutors, police officers as lawyers, magistrates as accused persons, and prison directors as judges during mock-trial exercises. The hope is to make them become aware of the constraints each actor of the system face and make them realize how critical it is to join forces if they are to improve the administration of justice in their country.

As the country slowly advances towards democratic stability, it is crucial to integrate all the actors of the system to consolidate the progress made the past few years in promoting a fair and effective justice system in Burundi.

Above: Celebrating  the Victims of Torture on June 26 (Photo by Nathalie Mohadjer)

Above: Young Burundian males working in the streets of Bujumbura often are a target of legal abuses as they are not aware of their rights at arrest.  (Photo by Nathalie Mohadjer)

Great news for Burundian detainees: on the 24th of March, the President, Pierre Nkurunziza, circulated a decree which stipulates the immediate release of hundreds of prisoners. The decree targets several categories of detainees, among which, pregnant and breast-feeding women, juveniles, and convicted prisoners who are over sixty years- old. Many sentences are reduced, like several life-sentences that are now commuted into twenty-year prison sentences, except for severe crimes that are clearly indicated.

This act of grace, hailed by the international community, is aimed at decongesting the Burundian prisons. The prisons undeniably show a worrisome rate of occupancy, namely 277%, with the prisons currently holding more than 11,000 detainees while the prison capacity is 4,050 people. These overcrowded and sub-standard prisons are unable to meet the basic medical, legal and social needs of the inmates and to fulfill a satisfying role in their reintegration into society.This situation has been highlighted many times by IBJ, especially during the roundtable discussions organized throughout 2009 and 2010. During these events, the main members of the criminal justice system such as lawyers, prosecutors, judges, police officers, prison officials and representatives of the administration, are encouraged to come up with their own solutions to the challenges of the criminal justice system. The last roundtable, held in Rumonge, gave the opportunity to tackle the issue of pre-trial detention. Many detentions prove to be illegal and some detainees spend months, if not years, waiting for trial, because time limits of detention are very often exceeded. This phenomenon widely contributes to prison overcrowding. During the meeting, participants had suggested that a mass release of detainees would be an appropriate answer to address prison overpopulation.

Above: The roundtable held in Gitega in October offered the opportunity to tackle the issue of pre-trial detention, which is one of the main causes of prison overcrowding in Burundi. (Photo by Jean-Baptiste Bouzard)

Conveyed by the Burundian media - including Isanganiro and Bonesha radios which always attend these roundtables - and jointly with other non-governmental Human Rights organizations, the government seems to have heard our requests to increasingly promote respect of the procedure. This decree is a resounding success for the criminal justice system, and for the overall observance of Human Rights in Burundi, as prison conditions should be improved. This decree gives once more the opportunity to recall that freedom always is the rule and detention the exception, as portrays IBJ banners in rights awareness campaigns. The President’s spokesperson actually reminded that principle on the radio when the decree was announced. This growing consciousness of the need to increasingly uphold the criminal procedure and safeguard the rights of the accused with Burundi’s government is a truly inspiring dynamic for our work in Burundi.

Above: The IBJ panel that reads: “Freedom is the rule, arrest and detention the exception”. Pictured here during the legal rights street campaign in Cibitoke. (Photo by Caroline Arnaud)

From October 14th to 16th IBJ left Bujumbura to head to Gitega, Burundi second largest city, to pursue its roundtable program and rights awareness campaigns. We already did the two hours drive in July with the visiting team from Geneva so as to visit the local prison and former participants to the June training session. We then came back in September to be formally introduced to officials and initiate the necessary contacts for organizing activities in the province.On Wednesday 14th October, after one holiday commemorating the assassination of Prince Louis Rwagasore, hero of national independence, the small IBJ car left Bujumbura with Astère, Claire and I onboard. We first went back to the same guest house where we lodged some 3 weeks before and then joined Nestor, APRODH local representative, to start with a first afternoon full of surveys. As usual, people were a bit shy and didn’t want to be the first to be interviewed. After a few minutes however, ice was broken and people were massing around interviewers and questions were answered by many participants at the same time, creating a nice mess with newcomers wishing to grab posters distributed by IBJ. This session lasted more than 3 hours, sometimes interrupted by heavy rain, a common fact during this period of the year. We were back at 6.30 in the guest house where we spent a quiet evening and we didn’t wait long before going to bed. We nonetheless took the precaution to order our breakfast in order to avoid last time surprise to wait for more than one hour to get 3 omelettes!

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)

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)

IBJ n’est installé que depuis récemment au Burundi. Le pays ne disposant que d’une très faible couverture internet, ils ne sont au début qu’une poignée de courageux défenseurs des Droits de l’Homme à prendre connaissance des activités de notre ONG, notamment par l’intermédiaire de la communauté des JusticeMakers. La première réelle apparition d’IBJ dans les médias burundais se fera donc à l’occasion de la tenue de la première session de formation à la pratique pénale qui se déroula en mai 2008 à Bujumbura. Depuis, Astère Muyango, ancien participant à la compétition des JusticeMakers, est devenu le premier fellow d’IBJ au Burundi et, appuyé par une petite équipe dynamique, s’efforce de mener à bien les activités visant à améliorer le quotidien des personnes détenues, l’accès à une justice équitable, et restreindre l’usage de la torture. En dépit des difficultés administratives rencontrées dans le processus d’accréditation, il n’en demeure pas moins qu’IBJ reste à l’affût de la moindre opportunité pour populariser sa cause. La deuxième session de formation à la pratique pénale, organisée cette année entre le 29 juin et le 03 juillet, fut ainsi l’occasion de faire une nouvelle fois parler les médias burundais. La télévision nationale (RTNB) put ainsi filmer toute la délégation venue spécialement de Genève ainsi que les différents participants dans le feu de l’action. Mehdi et Karen, bien secondée par Fanny pour la traduction, eurent droit aux honneurs de l’interview pour la version française du journal, alors que Pierre-Claver Mbonimpa, président de notre partenaire local APRODH, se chargea de la version Kirundi. Ces passages aux heures de grande écoute furent complétés par plusieurs articles dans la presse écrite et radiophonique relatant la richesse des débats mais aussi le chemin qu’il reste à parcourir afin de parvenir à un fonctionnement équitable de la justice au Burundi.

Ci-dessus: Des participants à la marche contre la torture organisée par USAID à Bujumbura le samedi 27 Juin 2009 (Photo de Nathalie Mohadjer)

Un mois plus tard, IBJ prenait la direction de Bubanza pour y tenir une table ronde consacrée au phénomène de la détention préventive et des conséquences qu’il peut engendrer en terme de surpopulation carcérale. Elle fut précédée de plusieurs sessions de distributions de posters servant là aussi à informer de leurs droits les populations rurales n’ayant souvent pas accès aux informations diffusées à l’échelle nationale. Cette table ronde fut un franc succès au regard des résultats obtenus qui ne manquèrent pas d’être soulignés dans les médias régionaux dépêchés pour l’évènement. Les échéances à venir, nouvelles tables rondes ou début des activités d’aide juridictionnelle, représentent autant de possibilités de médiatisation, mais de part ces témoignages, IBJ commence déjà à s’inscrire dans le paysage burundais dans son domaine de prédilection.

Ci-dessus: Sensibilisation médiatique sur les murs du Tribunal de Grande Instance de Gitega (Photo de Nathalie Mohadjer)

Mais au-delà de l’action d’IBJ, c’est bien la question du fonctionnement même de la justice qui tend à prendre une place centrale au Burundi, les différents acteurs semblant prendre conscience que la paix et la démocratie ne pourront être garantis sans un fonctionnement efficace et équitable du système. Le Bureau intégré des Nations Unies au Burundi (BINUB) et certaines ONG ont ainsi eu un rôle crucial dans la médiatisation de l’aspect respect des Droits de l’Homme et des personnes détenues dans le processus de réconciliation nationale. Ces organisations ne manquent pas de convoquer la presse à chacune de leurs interventions et leurs manifestations sont régulièrement retransmises par les médias locaux et nationaux. Cette place prise dans les médias tend dès lors à correspondre avec un changement de mentalité des décideurs. Sans que l’on puisse exclusivement en attribuer le mérite à la médiatisation du travail des ONG, il est en effet indéniable que les instances judiciaires semblent plus ouvertes au dialogue et enclines à accepter les appuis non gouvernementaux à la réforme du système judiciaire. De cette manière, l’administration pénitentiaire, le corps des magistrats, la police judiciaire et le barreau ont pleinement joué le jeu des tables rondes d’IBJ en facilitant la participation de leurs membres. Plus important, les recommandations ont été suivies d’effets concrets avec la tenue d’un conseil spécial aboutissant aux libérations rapides de prisonniers en détentions irrégulières dans la province de Bubanza. Cette tendance est également perceptible au niveau ministériel avec la parution récente d’une circulaire visant à s’attaquer à la surpopulation carcérale en ciblant deux catégories de détenus pouvant bénéficier d’une mesure de libération. Cela concerne les mineurs de moins de 15 ans, dans le but de se mettre en conformité avec le nouveau Code Pénal, et les prévenus ayant passés 12 mois en détention préventive alors qu’ils encourent une peine ne dépassant pas 5 ans de servitude pénale (art.75 du Code de Procédure Pénale). Enfin, un projet d’envergure ayant pour but de limiter le recours à l’emprisonnement est actuellement en cours d’analyse, et devrait impliquer les membres de la société civile autant que les instances officielles. Ces prémices de changements institutionnels se révèlent au final très encourageants, et IBJ compte bien faire entendre sa vision originale et novatrice de la promotion des Droits de l’Homme et apporter sa pierre à l’édification d’un système mettant la dignité humaine au cÅ“ur de ses préoccupations.

When operating within a nascent justice system, support can come in a variety of ways.   Take Olivier Niyonizigiye, a 2008 JusticeMakers Competition Finalist.   He took the entire week off work to assist the IBJ team in the lead-up to our July Criminal Justice Training Event in Bujumbura.  He also provided a summary document of Burundi’s latest criminal penal code - passed on April 22, 2009.

Above: 2008 JusticeMakers Finalists Carine Murekerisoni and Olivier Niyonizigiye assisted Fanny Cachat and IBJ in preparations for our July 2009 Training Event in Bujumbura.  Among their contributions - a version of Burundi’s latest Penal Code (on right), which IBJ was subsequently able to distribute widely to participants in the training event.  (Photo by Laura Dix.)

The latter of the two contributions might seem trivial. It was anything but.Though many people in Burundi were aware of the code - few had a copy they could reference. Among those in need -  Bernard Sekaganda - the head of the judicary police of Burundi.

Recognizing these challenges, IBJ Burundi Fellow Astere Muyango ordered 100 copies printed and bound for distribution at the training.

The document created a sensation.  Though the 100 copies nearly doubled the number of participants in attendance, the IBJ team quickly ran out as defenders, magistrates, police and prison officials sought the code on behalf of their colleagues in the provinces.

After the training had finished, IBJ’s staff in Bujumbura had yet to satisfy the demand. Several times a day, people who had heard about the training stopped by the office to request copies of the code.  They would knock on the door, chat with Astere and the IBJ team, and leave with a promise that more copies of the code would be available shortly.

Above: IBJ Program Director Sanjeewa Liyanage with Bernard Sekaganda - the head of the judicary police in Burundi, a participant in the training, and the recipient of a hard copy version of the new Burundi Penal Code. (Photo by Nathalie Mohadjer.)

IBJ has since printed 50 additional copies and - through the subsequent distribution - is becoming a long-overdue resource that the Burundi legal aid community desperately needs.

Sometimes the key to human rights reform is simply putting the law in the hands of the people empowered to uphold it.

International Bridges to Justice’s second sucessful training session on the Burundian penal process was held last week, captivating the attention and imaginations of participants in envisaging an efficient and equitable judicial future.

Above: During the mock trial portion of the training, the defendant stands before the magistrate and the arresting officer.  (Photo by Nathalie Mohadjer.)

From Monday 29th June to Friday 3rd July, an IBJ delegation met with 58 participants from all levels of the penal system in the Burundian capital, Bujumbura. The training covered the process from arrest through interrogation to detention, treating each theme separately to facilitate the atendees with precise skills.

Employing diverse means such as role play, visual representation and group discussion, the training brought a dynamism to the intricacies of legal practise. (Click here to see an online version of this training.)  Round table discussions hosted by Burundian IBJ Fellow Astère Muyango closed Monday’s training for police officers, magistrates and officials from the penal system and Thursday’s session for lawyers, bringing together the preeminent minds of Burundi’s penal system to brainstorm solutions to the crucial issues of juvenile justice and juristictional aid.

Friday, the highlight of the week for many, brought these groups together in a mock-trial with judges playing detainees, prison directors as magistrates and General Commandant of Police Bernard Sekeganda trying his hand as a lawyer. “It’s a difficult role,” he admitted, the integrated approach of the training provoking sympathies between particpants for the challenges to the work of people they often work against rather than with.

The target of the trainging, to bring together different actors in the penal process to effect an integrated and efficient system, addressed one of the greatest hindrances to justice in Burundi. “It’s a lack of respect for processes at all levels,” André Mbayabaya, director of Gitega province prison, identified as the main obstacle to justice. “We need to work together - it’s all the same system.”

Above: Particpants included magistrates, police officers, prison officials and defenders. (Photo by Nathalie Mohadjer.)

The training also had frequent recourse to distributed copies of the new penal code of Burundi, encouraging the use of this document which marks both much progress made – such as a new precision in the definition of torture, aiding its eraditcation - and the work still to be done, as lack of distribution results in much of the small country operating according to the 1981 version.

With the training bisected by Burundian Independence Day, a moment of national pride gave additional resonance to the newly-equipped legal agents’ dream of a penal process of which the country can be proud. IBJ’s training session has equipped participants with the capabilities to bridge the gap between the justice system as it is and a future Burundian justice system of functioning processes and fair judgements.

IBJ is pleased to announce that Mr. Astère Muyango, a clinical legal aid expert, has been recruited as IBJ’s Burundi Fellow.

Astère holds a Bachelor of Law from the Law University of Burundi. Astère brings more than 5 years of experience in legal assistance and project management to IBJ. His most formative experience was as Assistant Coordinator of the Clinical Legal Aid Project of the International South African-based non-governmental organization ACCORD (African Centre for Constructive Resolution of Disputes), where he delivered capacity-building to grassroots organizations, provided legal counsel to vulnerable groups and managed partnerships with other legal aid providers in the country. Building on his expertise in legal assistance and his strength in NGO management, Astère will provide the on-the-ground leadership to IBJ’s Burundi program. He will contribute to refine the program’s strategic goals, coordinate the main activities of the program and cement strong working relationships with the local partners.Welcome to the IBJ family, Astère!