A/HRC/17/50
4.
Slowness of the justice system and poor prison conditions
55.
During his visit to Mpimba prison, the independent expert met several detainees.
They complained about prison conditions and the slowness of the justice system. This
slowness and the improper use of pretrial detention exacerbate health conditions in the
prison, which currently holds four times as many prisoners as it can accommodate. The
independent expert conveyed to the Director of Prisons his concerns regarding prison
conditions.
56.
The independent expert conveyed the same concerns to the Minister of Justice. He
also drew the Minister's attention to the slowness of the courts' handling of certain cases
and to the improper use of pretrial detention, which is one of the causes of the
overcrowding of prisons, particularly at Mpimba prison. He noted how little progress had
been made in the investigation of the assassination on 9 April 2009 of the Vice-President of
the Observatory to Combat Economic Corruption and Malpractice (OLUCOME) and other
serious human rights violations.
57.
In response, the Minister of Justice undertook to examine the possibility of speeding
up court proceedings and of arranging for alternative penalties for minor offences.
B.
Reform of the justice system
58.
The inadequacy of the legal framework, the shortage of qualified personnel and the
lack of material, financial and logistic resources are undoubtedly major obstacles to the
sound administration of justice in Burundi. Although there has been some progress in the
past five years, particularly in infrastructure rehabilitation and construction and in capacitybuilding of the judiciary, significant challenges still remain.
59.
Judicial independence is one of the weakest points of the Burundian justice system.
During the period covered by this report, no significant progress was achieved in
strengthening the independence of the judiciary. The Status of Magistrates Act has not yet
been revised in such a way as to guarantee the effective independence of magistrates, and
particularly the irremovability of members of the judiciary. Magistrates are not always
recruited on a competitive basis and the Supreme Council of Justice, which guarantees the
independence of the judiciary, is not involved in their recruitment. The role of the Supreme
Council of Justice in disciplinary matters is also marginal. Thus, some magistrates
expressed the opinion that they had been transferred to another court because of the
decisions that they might have handed down in a particular case. The independent expert
drew the attention of the Minister of Justice to these shortcomings. The Minister gave his
assurances that measures would be taken to revitalize the role of the Supreme Council of
Justice in matters both of discipline and of recruitment.
60.
In addition to the lack of independence of the judiciary, the Burundian justice
system suffers from a lack of qualified personnel, from an historical ethnic imbalance in its
membership, from a relative ignorance of national laws and international standards and
from insufficient financial and logistic resources. To remedy this situation, the Government
has adopted a number of measures. In particular, it has undertaken a rebalancing effort on
the basis of ethnic origin and gender and has made salary adjustments. The Minister of
Justice also informed the independent expert that in future members of the judiciary would
be recruited by competitive examination.
GE.11-13751 (EXT)
15
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