For the week of July 5th, over 65 members of Burundi’s justice sector community gathered in Bujumbura to receive training in legal techniques. The training was conducted by IBJ Burundi Program in partnership with the Burundi Bar Association and the Association for the Protection of Human Rights and Detained Persons (APRODH). IBJ Fellow in Burundi, Astère Muyango, hailed the training as a great step forward for Burundi’s justice system, which is still on a slow road to recovery after a 12-year civil war - which officially ended in 2005. Though there is much work to be done to strengthen justice in Burundi, the active and enthusiastic participation of all justice sector officials during this week offers an encouraging glimpse into the future.

The first three days of training involved lawyers in practical exercises intended to strengthen their ability to articulate and defend the rights of the accused in the pre-trial detention phase. Lawyers received lessons in common law practices such as cross-examination in preparation for Burundi’s integration into the East African Community. Many lawyers were actively involved in discussions, and were eager to share their experiences with criminal justice in Burundi. There seemed to be a consensus that this training has strengthened the commitment and competence of the legal community to defend the rights of the accused.

On the third and fourth day of training, judges, prosecutors, police officers, and prison officials attended the forum. All participants engaged in roundtable discussions to share insight about their unique function in the criminal justice process. The final day included a mock trial in which all justice sector officials were able to “trade places” to receive insight about the different dimensions of criminal defense. Lawyers were able to try their hand as prosecutors; while prison officials became judges. Prosecutors assumed the position of the accused, and police officers tried their hand as defenders. This exercise involved the case of accused persons who were held for three years until their innocence was determined.

There was no shortage of laughter throughout the mock trial. Participants enjoyed the chance to mimic the caricatures of their professional adversaries. As one police officer bravely received several “torture” sessions as an accused person, many in the audience applauded the performance. Sanjeewa Liyanage, IBJ’s International Programs Director, concisely explained the comedic value of the training exercise. “Many of us were laughing because what we observed seemed utterly ridiculous. And that is precisely the nature of the predicament in which too many detainees find themselves: ridiculous.”

All participants responded overwhelmingly positively to the training exercises. (Prison officials and police were only dismayed that they had not attended the first three days of training). For a country in which three in five prisoners are pre-trial detainees, the sustained engagement of all justice-sector actors is absolutely necessary to alleviate Burundi’s overburdened prisons. Burundi has yet to establish a legal aid mechanism or a separate juvenile justice system. As the country continues on the path towards reconstruction, these are critical areas to address. However, the prospects for the rights of the accused have improved as a result of this training. It will only take the commitment of the participants to turn these skills into results.

The IBJ Burundi program is headed by IBJ Fellow Astère Muyango, who brings with him a long track record of human rights advocacy. The closing ceremony was attended by Isidore Rufyikiri, President of the Bar Association, and Pierre Claver Mbonimpa, the founding director of APRODH. Both men are tireless defenders of human rights in Burundi, and both are IBJ Country Advisory Members. You can read more about them here, and more about the Burundi Program here.

Above: Burundi’s vibrant legal community gathered at the training (Photo by Patrick Pratt)

Above: A glimpse at the mock-trial that took place the last day of the training. (Photo by Patrick Pratt)

Above: Training participants included military judges, police officers, prison officials and lawyers. (Photo by Patrick Pratt)

Above: Group discussion at the training. (Photo by Patrick Pratt)

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)

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.

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 extremely delighted to announce that the Bâtonnier Isidore Rufyikiri has just joined its Burundi Country Advosiry Council.

A dedicated lawyer for over 9 years, Isidore has defended hundreds of accused persons - often taking on his own resources to assist defenceless persons - and sometimes risking his own freedom for the sake of justice. His work as a passionate lawyer is only the most current embodiment of his lifelong commitment to the rule of law. His brief career as a public prosecutor taught him how an unbalanced justice system where prosecution is one-sided disservices the ideal of fair and transparent justice system. He later embraced a diplomatic career as first counsellor at the Embassy of Burundi in Algeria and later Tanzania, whereby he gained international exposure and a sound knowledge of the workings of international relations.

Today, as President of the Bar Association, Isidore concentrates all his efforts at ensuring systematic access to legal counsel for every Burundian accused of a crime. His leadership has led him to work closely with the United Nations Integrated Office in Burundi to draft a bill outlining the legal framework for legal aid (Loi portant cadre légal d’assistance judiciaire et d’aide juridictionnelle), which has been submitted to the Ministry of Justice for review.

Isidore knows that pointing out at torture and expressing opposition to the government can be risky. Accused of “attempting to public order” at three different occasions, Isidore spent consecutively 2 months, 4 years and 6 months in prison, with no access to his family, little access to food and no medical treatment. He felt very ill as the prison conditions were - and are still - adverse and inhumane.

He last got arrested on August 3rd, 2006 when he openly complained, as a lawyer, that four high-ranked officials had been badly tortured by the Burundi Intelligence Agency. He remembers that the victims could barely walk. Determined to bring as much attention as possible to what he considers is totally unacceptable, Isidore wrote an official letter to the chief of the secret services, copied to the President of the Republic, the Minister of Interior, the Minister of Justice, and a flurry of media and NGOs which voiced concern over the allegations that his clients had been tortured. He then started receiving anonymous calls and threats. A couple of days later, a group of policemen surrounded his law firm, arrested him, and threw him back to jail. Each single time he got arrested, Isidore refused to receive the help of any lawyer: he ensured his own representation. He has been released on parole.

This eventful life has shaped his personality, reinforced his natural leadership qualities, unwavering dedication to human rights and audacity and inspired him to start writing a book about his experience.

Isidore joins forces with Pasteur Nzinahora and Pierre Claver Mbonimpa - the other two notable members of the Burundi Country Advisory Council - to help Astère spearhead a movement in favor of the rights of the prisoners and lay the foundations for a functioning legal aid system in Burundi.

Above: Negotiating the MoU between the Burundi Bar Association and IBJ, July 2009 (Photo by Fanny Cachat)

Above: Opening the 2009 summer legal defense training in Bujumbura with IBJ Founder and CEO (Photo by Fanny Cachat)

Above: Sharing a drink at the Bâtonnier’s house after the successful conclusion of the MoU, July 2009 (Photo by Sanjeewa Liyanage)

On November 27th and 28th, IBJ Burundi Fellow - Astère Muyango - and IBJ Rwanda Fellow - John Bosco Bugingo - attended the 14th East Africa Law Society (EALS) Annual General Meeting in Kigali. The event was co-sponsored by our local partner in Rwanda, the Kigali Bar Association, and opened by the President of the Republic of Rwanda himself, Honor. Paul Kagamé.

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)

The roundtable discussion held in Gitega on October 15th on the issue of pre-trial detention concluded with great promises. The hope was to achieve a similar result as the one obtained following the roundtable discussion in Bubanza, which ultimately led to the release of 45 prisoners, among which 15 juveniles.

The promises have been kept. A month after the commitments taken during the roundtable discussion, 3 lawyers left Burundi’s capital city, led by IBJ Legal Fellow - Herman Ndayishimiye-, on November 24th to head to Gitega’s prison where André Mbayabya, the Prison Director, was waiting for them. Together, they scoured prison records and identified 182 cases of irregular pre-trial detentions. Among this overwhelming figure, 28 cases were identified as requiring immediate atention. The 4 lawyers therefore met with their clients, got familiar with each of their stories and prepared their defense strategy. As agreed with Gitega’s prosecutor and the magistrates who had attended the roundtable discussion, a special court session was conducted the day after to expedite these 28 cases. The result was a resounding success: all 28 detainees were immediately released.

This is a particularly significant result in today’s Burundi: recent prison riots - first in Gitega and then in Mpimba, Bujumbura’s central prison - have thrown the light on the detrimental prison living conditions, which have gotten worse since the peak of 11,000 prisoners nationwide has been reached two months ago. Irregular pre-trial detentions overburden a prison system which is already in shambles. Prisoners are not the only one protesting against the situation: Mpimba’s prison officials have declared that they would not accept any new prisoner in the prison as long as the trial of the many pre-trial detainees is not expedited. The ball is in the court system’s court.

Above: The detainees being escorted by a policeman to the Gitega Tribunal de Grande Instance (Photo by Dieudonné Ndayishimiye)

Above: Volunteer lawyer Diane preparing the defense of a client (Photo by Dieudonné Ndayishimiye)

Above: Volunteer lawyer Zénon preparing the defense of a woman (Photo by Dieudonné Ndayishimiye)

Above: There aren’t sufficient handcuffs within Burundi’s justice system. Detainees are usually handcuffed by pairs. (Photo by Dieudonné Ndayishimiye)

Above: Volunteer lawyer Diane interviewing a client before his court hearing (Photo by Dieudonné Ndayishimiye)

Above: Burundian detainees queuing for justice (Photo by Dieudonné Ndayishimiye)

Above: Inside a women’s cell in Gitega prison (Photo by Nathalie Mohadjer)

Above: Portrait of Gitega Prison Director, André Mbayabaya (Photo by Nathalie Mohadjer)