Apresentação de Kristen Petersen
Burundi
The deprivation of liberty is a serious intervention in any person’s life, and therefore the possibility of releasing an accused person from custody pending trial is a fundamental part of criminal justice systems across the world. Criminal justice systems have developed various ways to ensure, at least in law, that accused persons appear for trial without depriving them of their liberty. Such release may be conditional or unconditional. Unconditional release usually takes the form of a warning to appear in court at a later date, while conditional release can be secured through bail, bond, surety, and supervision. This paper reviews the laws on conditional release in Burundi, Malawi and Mozambique. These three countries were selected on the basis that they represent not only different types of legal systems but Francophone, Anglophone and Lusophone legal traditions, respectively. --
This study reviews 41 rights of arrested, accused and detained persons under Burundian, Ivorian, Kenyan, Mozambican and Zambian law. These countries were chosen because they represent Anglophone, Francophone and Lusophone Africa as well as countries that have a civil law and common law tradition. The study begins by reviewing 17 rights of those arrested and detained in police custody; it goes on to examine 18 rights of accused persons; and ends by considering six rights of those detained in prison on remand or as sentenced prisoners. Each right is examined from three angles: first, whether it is recognised under international human rights law; secondly, to what extent the right is enshrined in the domestic constitution of the jurisdiction under review; and thirdly, to what extent the right is upheld and developed in subordinate legislation.
The purpose of this study is to briefly examine major developments in Burundi’s criminal procedure legislation and prison laws since the adoption of its 2005 Constitution and to assess how these developments may have impacted on human rights. In effect, this study seeks to understand whether subordinate legislation in Burundi is in line with constitutional provisions and international standards relating to procedural safeguards for arrested and detained persons.
Children are detained with adults and under the authority of prisoners' militias, in contravention of International Law, says the Swiss-based Terre des Hommes.
Burundi Bridges to Justice is a locally registered NGO associated with International Bridges for Justice
The Action by Christians for the abolition of torture in Burundi (ACAT Burundi) is a non-profit association whose mission is to fight for the respect of human dignity, and particularly for the abolition of torture and the death penalty. ACAT Burundi acts for all those that are being tortured, detained in inhuman conditions, have been sentenced to death or have disappeared irrespective of their origins, political opinions or religious beliefs.
2009 Revised Penal Code
Prepared by Willy Nindorera, Centre d’Alerte et de Prévention des Conflits, Bujumbura, Burundi.