Fight illegal juvenile detention in Burundi

As part of fulfilling its mission in Burundi, IBJ provides criminal legal aid services to men, women and children, members of minority groups, and those with particular vulnerabilities that make them more likely to suffer rights abuses – in all cases, those who could not otherwise afford to hire a private defense lawyer. Besides meeting their clients in court, IBJ’s lawyers are increasingly picking up cases in the course of their weekly prison visits, as more and more detainees approach IBJ for help. 

One of IBJ’s most recent cases illustrates how easily a young person can fall through the cracks of Burundi’s criminal justice system. IBJ legal fellow Aline Nijimbere first encountered Michel while visiting Mpimba prison in May 2012. Michel was still a juvenile when he was first arrested – over four years ago – in October 2007. 

After being accused of robbery, Michel was forced to wait out the judicial process in pre-trial detention. It took over ten months for the prosecution to conclude its investigation, and it was another three months before a judicial decision was made in his case, in November 2008. Michel was convicted of larceny and sentenced to one year of imprisonment. Since Michel had already served more than a year in prison while awaiting trial, what should have happened next was his immediate release. 

What happened instead is sadly typical in Burundi. Michel was never even notified of the decision that had been reached in his case and he lost four years of his life to a broken criminal justice system. While the system was neglecting to grant him the freedom he was owed, Michel was left to wonder what had become of his family or of his girlfriend whom he had intended to marry. 

Immediately after learning of Michel’s situation, Aline went to work. As an experienced court advocate, she knew what needed to be done. Swiftly following up with the court clerks and prisons, Aline was able to produce a quick result for Michel. After almost four years and eight months behind bars, Michel was able to walk out of Mpimba prison on May 31, 2012. 

Thanks to the intervention of an IBJ lawyer, years of inaction and institutional neglect was fixed in under one month. That is the powerful difference that a trained advocate can make in the life of a young accused person in Burundi, and that is the difference that IBJ is seeking to make for every juvenile detainee in this struggling country.