I. Summary
At the end of 2006, just over 400 children between the ages of 13 and 18 were incarcerated in Burundian prisons, the majority of them awaiting trial. Countless more children were held in communal holding cells and police lock-ups, pending possible transfer to the prisons. In most regards children are treated as adults in both courtrooms and prisons and children’s rights as guaranteed under international law are rarely respected. There is no juvenile justice system in Burundi. The age of criminal responsibility is 13 and minors between 13 and 18 years old found guilty of a crime should benefit from a reduction in the sentence normally given to adults convicted of the same crime. There are no alternatives to incarceration for children and no services to help children once they are released from prison. In the end of 2006, more than 75 percent of detained children in Burundi were awaiting trial, many after months or even years of pre-trial detention. Some have been tortured to obtain confession. Most have no access to legal counsel. Serious deficiencies in the judicial system affect all detainees in Burundi but fall particularly heavily on children who are entitled to special protection under international treaties ratified by Burundi. Children must be incarcerated only as a last resort and then, only for the shortest possible amount of time. Prison conditions are deplorable for all prisoners in Burundi who lack space, adequate food, water, bedding and sanitary facilities. Insufficient food and lack of education particularly affect children, not just during their time of imprisonment but in years after. Contrary to standards in international law, children and adults are together for most of the day, leaving children vulnerable to physical and sexual abuse by adult prisoners. The Burundian National Parliament is currently considering amendments to the criminal law, which if passed, fully implemented, and funded, would improve the treatment of children in conflict with the law. They would raise the age of criminal responsibility to 15 years old and would provide alternatives to incarceration for all children. |