A/HRC/39/63
86.
For the medium and longer terms, the Commission also recommends that the
Government of Burundi:
(a)
Amend the Organization Act of 8 March 2018 amending Act No. 01/03 of
24 January 2013 on the mandate, composition, organization and functioning of the
National Communication Council with a view to ensuring the latter’s independence;
(b)
Ratify the International Convention for the Protection of All Persons
from Enforced Disappearance;
(c)
Amend the Code of Criminal Procedure to align its provisions with
international standards, in particular the provisions on time limits for police custody
and on oversight of detention, night-time and warrantless searches, the flagrante
delicto procedure and the offence of “undermining the internal security of the State”,
and provisions that grant de jure impunity to judges and to officers of the criminal
investigation police (police judiciaire);
(d)
Put an end to arbitrary detention and improve conditions of detention
by:
(i)
Implementing the Guidelines on the Conditions of Arrest, Police Custody
and Pre-Trial Detention in Africa adopted by the African Commission on
Human and Peoples’ Rights;
(ii)
Ensuring that detention is subject to oversight measures for assessing its
legality and compatibility with human rights;
(e)
In the absence of an independent and efficient judicial system, cooperate
fully with the International Criminal Court in the investigation opened on 25 October
2017;
(f)
Undertake an in-depth reform of the judicial system to ensure its
independence, impartiality and effectiveness, including by:
(i)
Implementing the Principles and Guidelines on the Right to a Fair Trial
and Legal Assistance in Africa adopted by the African Commission on Human
and Peoples’ Rights;
(ii)
Publishing the conclusions of the national forum on the justice system
held in 2013 and convening a meeting of justice-sector stakeholders and
international partners to discuss follow-up action;
(iii) Increasing the budget for the justice sector and ensuring that it is
managed autonomously;
(iv) Raising the pay levels of judges in the ordinary courts and increasing the
resources and facilities available to them;
(v)
Computerizing court registries;
(vi) Reviewing the composition of the Judicial Service Commission to ensure
that the majority of its members are appointed by their peers;
(vii) Reviewing procedures for the appointment, assignment, evaluation and
promotion of judges to ensure that such procedures are not dependent on the
executive branch;
(viii) Ensuring strict observance of the principle that judges should have
security of tenure;
(ix) Protecting and safeguarding the independence of the judiciary by
prohibiting any interference in the administration of justice by government
authorities, members of the ruling party or members of the defence and
security forces, and imposing penalties on anyone who influences or seeks to
influence the administration of justice;
(x)
Developing legal aid programmes for persons belonging to the most
vulnerable groups;
18
GE.18-13070
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents