A/HRC/9/14 page 18 C. Judicial reform 68. The administration of justice remains weak and contributes to an increase in cases of mob justice which is prevalent in the country. From January to June 2008, more than 23 cases of mob justice were reported in almost all provinces. Victims of mob justice include people suspected of all manner of offences, even those suspected of practising witchcraft. Lack of confidence in the police and the judiciary are a major explanation for this trend. In addition, allegations of interference by political and executive organs in the judicial functions to shield the perpetrators of most cases of human rights violations contribute to the weakness of the judiciary. 69. Prisons in Burundi remain overcrowded. The system is faced with serious challenges in terms of lack of capacity and equipment. The majority of detainees in most prisons have been awaiting trial for more than a year. There is no clear procedure for detainees to challenge their pretrial detention. The lack of capacity of the judiciary to investigate and the poor management of cases contribute to the overcrowded situation in prisons. The Prosecutor’s office has not been very successful in taking an active part in the management of cases before hearings. The practice of taking cases to court without a proper investigation and the failure to apply rules of procedure consistently are also contributing factors. Poor record-keeping and the lack of coordination in handling witnesses and suspects have often resulted in non-appearance before courts. In addition, it was reported that court files often disappeared. 70. Detention beyond the legal limit, illegal detention and detention for minor offences were among the main irregularities noticed. In most cases, prolonged detentions were attributed to a lack of means to transport detainees from holding cells to courts for hearings or from cells to prisons. Several strikes by non-magistrate judicial personnel during the reporting period further delayed the handling of cases. 71. In his previous reports (A/HRC/4/5, para. 91; A/62/213, para. 61), the independent expert called upon the international community to support the effort of the Government of Burundi to reform the judiciary. During his visits, it was noted that the European Union, the Department for International Development of the United Kingdom and the United Nations were funding the rehabilitation of some judicial infrastructures in Burundi. Two projects to be funded by the Peacebuilding Fund had been approved and implemented: to rehabilitate courts, and for the enforcement of judgements passed by courts. Several courts had been refurnished and equipped by the European Union and international non-governmental organizations. Different international non-governmental organizations and BINUB have provided training for judicial personnel. With the collaboration of OHCHR, the draft revised penal code was submitted to Parliament in the second half of 2007, while the draft revised procedural penal code is still with the Government. 72. However, those programmes and investments cannot achieve the desired results if the Government and judicial personnel do not commit themselves to reinforcing the administration of justice and respecting due process with regard to the cases brought to court. The Government should provide more resources to the judicial system and judges should be more accountable for actions taken or omitted during their professional activities. Allegations of corruption and lack of professionalism in dealing with criminal cases need to be fully investigated in order to restore public confidence.

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