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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