A/HRC/4/5
page 12
the commune, with the local administration. Three of the victims, primary school students, are
reportedly pregnant; one of which just had an abortion. The alleged perpetrators are reportedly
asking to marry the victims in conformity with local traditions.
B. Administration of justice
38.
On the occasion of the Human Rights Day, on 10 December 2006, the President of
Burundi recognized that the prisons were overcrowded in Burundi. In December 2006, there
was an inmate population of 8,000 persons for a prison capacity of 4,050. The President
requested that the justice system solve the problem of lengthy pretrial detention in order to
reduce prison population. In addition, the President issued a decree on 22 December 2006 to
commuting the sentences of some categories of prisoners. However, at the time of the
independent expert’s mission, this measure had not been implemented.
39.
As was mentioned in the previous reports (E/CN.4/2006/109, para. 69 and A/61/360,
paras. 86-93), the administration of justice needs to be reformed in accordance with the
provisions of the Arusha Agreement. The justice system is still weak owing to lack of
equipment, poor training of staff, interference by politicians and corruption. Consequently, the
population has largely lost faith in the system, leading to mob justice. For example, 27 persons
suspected of “witchcraft” or rapes were reportedly mobbed, and some killed, in Muyinga, Ngozi,
Kayanza, Gitega, Cibitoke and Bujumbura Rural.
40.
A new development in the sector includes the nomination of the new magistrates to form
the second chamber of the Supreme Court. However, the Burundian Bar Association expressed
concern about this decision claiming that some of the magistrates would not have sufficient
experience.
41.
Several detention centres throughout the country were regularly visited by human rights
monitors who noted the lack of properly maintained registers and several cases of arbitrary
detention and of failure to follow proper procedures with regard to the holding of persons in
detention. Besides, the state of cleanliness and hygiene was not good. In October 2006,
138 cases of delays in the legal processing procedures, 114 cases of illegal detention and
several other cases of detention for outstanding debts and civil matters, 74 cases of alleged
members or collaborators of FNL, 34 cases of detained minors in the same prison as adults were
reported.
42.
The continuing trend of illegal arrest and detention, detention for civil matters, mixing of
minors and adults at prison facilities, poor sanitation in the facilities, and non-respect of legal
delays regarding pretrial detention as well as overcrowding of prisons continue to be matters of
great concern. Human rights and ONUB Child Protection monitors continued to assess the
situation at Mpimba prison in order to investigate the condition of minors accused of
collaboration with the FNL, and they were able to assess the condition of 65 minors accused of
involvement in armed groups. Their ages varied between 12 and 17 years. Only nine of them
were released. Several actions are continuing including a follow-up on progress of these cases
and individual files, as well as a research by the NGO Terre des Hommes, which delivers
humanitarian support.
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