Guidance

Information pack for British nationals detained or imprisoned in Burundi

Updated 18 October 2022

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, we will do what we can to help you, but we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.

This detention information pack is designed to give you, and your family and friends, information about the local system in Burundi and who can help. A printed copy is provided to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British Consulate (and must do so if you want them to)

• even if they do not ask, you can make the request yourself, and should do so, particularly if you are charged with a serious offence or need any kind of assistance

• friends or family can also contact the local British Consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British Consulate even if you don’t want anyone to know that you have been arrested. This is because there may be an agreement in place with the British Government which requires a mandatory notification to be made.

Who we are

We work in the Foreign, Commonwealth & Development Office in London, and in British Embassies, High Commissions and Consulates overseas.

The British Embassy in Bujumbura is located in:

Building Old East
1st Floor, Avenue du 18 Septembre
Bujumbura
Tel: +257 22 246478
Email: [email protected]
Website: https://www.gov.uk/world/burundi

Access to the consular section is by appointment only. Please call us if you are in need of consular assistance. You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

What we can do

We can offer you impartial and non-judgemental help. Once notified of your arrest or detention, we will aim to contact you as soon as possible so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions: our priority is to provide assistance to those British nationals overseas that need our help the most.

If you are arrested, you should ask the police to contact the British Embassy Office as soon as possible after you are arrested, or ask your lawyer or family member to call us on your behalf as soon as possible. In Burundi, the authorities will normally contact us about your arrest as soon as you ask them to. However, there have been times when we have received notification several days after arrest.

We can also:

• provide a list of local English-speaking lawyers and interpreters
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication.
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family. In places where phone or postal services aren’t available, we can also pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we can’t do

• get you out of prison or detention
• help you get special treatment
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs as a result of being arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and can provide them with information about how to contact you in prison or detention. With your consent, we can also keep them updated on your well-being.

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. It is therefore possible that information about this may appear if a Criminal Records Bureau checks were carried out by a prospective employer. There may be other circumstances in which information about you may need to be shared by us or authorities in Burundi.

Legal assistance: lawyers

Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system, including whether a legal aid scheme is available. We can give you a list of local interpreters and a list of local English-speaking lawyers. You will want to consider the benefits of local legal representation and to discuss all the costs beforehand with the legal representative. Under no circumstances can we pay your legal or interpretation costs.

Consular assistance: fair treatment

We cannot get you out of prison or detention, nor can we get special treatment for you because you are British. However, if you are not treated in line with internationally accepted standards we will consider whether to approach local authorities. This may include if your trial does not follow internationally recognised standards for fair trial or is unreasonably delayed compared with local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Chapter 2: Detention conditions in Burundi

Visits: family and friends

Who can visit and how to arrange visits

Visits from family members and friends are permitted in Burundi prisons from Monday to Saturday between 10am to 12pm and 2pm to 4pm. Visits on other days are only allowed by special permission from the local authorities. Please note that visits may be limited to a few people or cancelled in the case of a global pandemic or endemic.

Clearance by the local authorities should be requested in advance. We strongly advise family and friends of those detained in Burundi to contact us well in advance so we can try to guide your visitors to make arrangements for their visits.

Foreign visitors to Burundi prisons must apply in writing to the Ministry of Foreign Affairs, and to the Direction Générale des Affaires Pénitentiaires. This is just a formality and permission is likely to be granted. In order for foreign visitors to obtain these permissions they must provide their full passport details. Local visitors (Burundi nationals) would not need to seek for permission. They can visit on normal visiting days unless special permission is required which they would then need to ask the Direction Générale des Affaires Pénitentiaires for.

What to expect when you visit

Conditions for a visit vary with the status of the detainee and with the facilities available within the prison. International visitors are expected to show their IDs on arrival and to be searched by a guard. They can also expect to be accompanied by a guard in certain circumstances depending on the prisoner they visit. Most of the time, this happens when the prisoner is a politician or a civil society activist. Burundian visitors need to present their IDs to be able to visit.

What you can take on your visit

Burundi has several correctional facilities. Regulations about permitted items vary and rules change frequently. You should contact the FCDO in London or our British Embassy Office in advance of your visit so we can give you the most up-to-date information on what items you can bring. Cooked food is prohibited. Regulations accept food that is not cooked and other items. However, all is subject to authorities permissions.

Visits: consular staff

If you are sentenced, we will agree upon a visit schedule that reflects your circumstances – considering your sentence, and overall health and wellbeing. This is likely to be every three months. During these visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise. If there is any information that you would prefer us not to disclose to your family/friends you should let us know during the visit.

If there is a need to visit earlier, the prisoner can request it and we can notify the prison when we intend to visit. We will need a special permission to do so.

You can write to us at any time on matters of concern at the British Embassy in Burundi:

Building Old East
1st Floor, Avenue du 18 Septembre
Bujumbura

But if it is urgent it may be quicker to ask prison authorities to contact us on your behalf.

Emergency trips outside of prison

It is possible to make a trip outside of prison if an urgent situation arises, subject to a special permission granted by prison authorities.

Police custody and initial arrival at prison

Arrival at the police station and basic rights

Upon arrest, you will be put in handcuffs and taken to a Detention Centre. Upon arrival, you should be made aware of your rights and asked if you wish the British Embassy Office to be informed of your arrest. We strongly suggest that you exercise this right. It is your right. However, this process can be slow and we often learn of arrests informally through friends or family.

Your arresting officer may want to take a statement from you. You may be questioned further depending on the circumstances of your arrest. If you do not understand or are unable to communicate in the language the police are questioning you, the local authorities must provide an English interpreter.

In Burundi you can be held in the police station for 72 hours. After this, your case is transferred to the prosecutor’s office, which has an additional five days to present your case to a judge, who will decide whether to release you with an “Ordonnance de liberté” (subject to conditions) or detain you (in prison) with an “Ordonnance de detention” for a period of a month. After a month, you will again be brought before the judge. The judge can extend your period for another 30 days if the case is still being investigated with no trial date set. Pre-trial investigation, and subsequent detention, can be very lengthy.

You have the right to be informed of the charges against you and to a lawyer to assist you with your statement. You can hire a lawyer for yourself at any time after your arrest. Normally a privately-hired lawyer will ask for a cash advance for their estimated legal fees before they agree to represent you. If you do not have funds to pay for a lawyer, free legal aid does exist in Burundi, however the system does not work well in practice. Some lawyers may agree to provide pro bono assistance if you ask.

We (British Embassy Office staff) cannot give you legal advice as we are not trained lawyers. The use of interpreters and translators is permitted, although you will likely have to hire one yourself. The Government of Burundi is required to provide them in theory, but in practice this is very difficult and can subject your trial to lengthy bureaucratic delays.

You should never sign anything you cannot read and understand. It may be a confession, and could include things you know nothing about. If you find yourself under pressure to sign before having access to a lawyer, ask to speak to the British Embassy Office.

Do note that there are incidences where by the media may record your arrest and publish it in the news. British Embassy Office would not have control of what is published in the main stream media or on social media.

The police officer will record and make four copies of the statement of the arrest, of which:

• one is transmitted to the competent public prosecutor
• one is filed in the criminal case file
• one given to the officer in charge of the remand prison
• one is given to the accused – (do remember to ask for a copy of this document)

You have the right to be informed of the exact charges against you and to a lawyer to assist you with your statement. The statement can be made in French or Kirundi. If you are not conversant in any of these two languages, you have the right to an interpreter.

What to expect after being charged

You will either be freed until your case is heard or you will be remanded in custody. The judge decides on your status, i.e. liberty or detention. If freed, you must remain in Burundi. Your passport will be confiscated and you may be asked to report weekly to a police station.

At your first hearing before a court you should be notified of your rights. In theory, these are:

• the right to an interpreter
• the right to consult a lawyer (see below)
• the right to appeal against a charge
• the right to be visited at a reasonable time by Consular staff, and by members of your family
• if unwell, the right to be examined by a doctor

If the judge agrees to bail, you will be informed about the terms and conditions of your bail, which normally includes surrendering your passport to the local authorities. If bail is refused, you will likely be remanded for a week. Bail and detention terms vary according to the alleged offence, for example, under Burundi law, serious crimes such as drugs trafficking have no provision for bail.

Appearance at court

On your trial day you will be taken to the court where your case is being handled. There will be a judge in charge of your case along with the public prosecutor and your lawyer (if you have one). If you don’t speak Kirundi the court must provide you with an interpreter.

More information about the Burundi judicial system can be found in Chapter 3.

Initial arrival at Post

If you are found guilty and sentenced, you could be taken to any prison in Burundi.

Upon arrival, there will be a registration process and personal items will be taken away. In Bujumbura prison, you may be asked an amount of money that does not exceed 500.000 BIF for a room. It’s a once-off payment.

Any belongings the arrestee has that are not part of the investigation process will be kept by the local authorities. The rest will be sent to the Prison for safe keeping. It is unusual for belongings to go missing right after arrest or during prison transfers. If you are unable to locate your belongings do ask the police department as they do at times hold some items/belongings as evidence.

The prison health department might carry out medical checks following your arrest. You should ensure you make them aware of any medical conditions you might have.

Prison: conditions and daily life

Most Burundi prisons will not provide toiletries, standard clothing and linen; other items can be purchased directly from the prison canteen that most of the prisons have.

In all prisons as a rule, sex, drugs, alcohol and cigarettes are strictly forbidden.

British Embassy Liaison Office Bujumbura consular officials will usually, with your permission, seek to contact friends and family at an early stage to explore what additional support arrangements can be made for prisoners.

British Embassy Liaison Office Bujumbura is unable to provide this support directly, although we will do what we can to support families get suitable arrangements in place.

You will not have regular access to a telephone, and will not be permitted to have a mobile phone. Burundi law states detainees cannot have access to phones and you will not be allowed to make phone calls while in detention. If you are caught trying to use a mobile phone inside the prison you will be punished according to the prison’s regulations. These punishments include, but are not limited to, losing employment and education privileges, and solitary confinement.

On exceptional occasions you could request for a phone call to your family in writing to the Direction Générale des Affaires Pénitentiaires and on his discretion you may be granted to make a call. All calls would be done under supervision.

Accommodation

Overcrowding is a huge problem. The number of inmates to each cell entirely depends on the size of the cell and the number of prisoners in the particular prison. The condition of toilets and showers are poor. Some prisons are unisex but with separate wings for men and women, the latter being supervised by female staff.

You cannot expect a single cell as a matter of course. Sometimes not even a mattress will be available to you.

Food and diet

There is minimal provision of food within the prison. Prison food is free, but is rarely sufficient to fulfil your dietary needs.

In Police detentions you will be given Lunch/Dinner of a maize and beans mixture.

In all the Prisons you will be given two basic meals a day:

• breakfast includes maize or sorghum porridge
• lunch/dinner includes maize meal and beans

You will need funds to supplement your diet. Extra food can either be purchased at the canteen or brought to you by your family visitors or friends on days during lunch time.

You can hire a cook among prisoners.

All meals are local Burundian food. A special diet can only be provided on religious or medical grounds or religious grounds (e.g. diabetes, high blood pressure).

Hygiene

There are basic washing facilities, and it is possible to shower every day. Hot water is generally not available. Basic toiletries, including soap and toothpaste are not provided. The crowded prison environment and humidity can encourage illness to spread.

Work and study

Correctional facilities have rehabilitation programmes to enable inmates to acquire skills and act as a source of income (although this is very rare). These include construction, carpentry and crafts. If you express interest, training will be offered and thereafter you are paid a commission from the sales you make. It is difficult for prisons to provide work for all prisoners, but opportunities exist.

Study opportunities are sometimes available but may vary from prison to prison. Your prison warden should be able to advise what opportunities are available.

You will likely be expected to work either in the prison or on the outside. Prisoners’ work ranges from construction and road sweeping to working in the prison kitchen. Prison authorities keep most of your earnings as a contribution to your up-keep.

Contact and languages

English is not commonly spoken, so you may want to learn French or Kirundi. This will help communicate your needs and ease the boredom and mental isolation of prison life. There is the possibility to request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Exercise

Prisoners are allowed to be outside for recreational activities. You are free to walk around the prison compound all day and on very rare occasion prisoners are taken out to play soccer or basketball.

Climate

The climate is very different to that of the UK. It is hot in summer (June, July, August), humid and sometimes cold in raining season (the rest of the year)

Religion

Prisoners are entitled to religious services of their choice. They can receive visits from a priest, rabbi or minister of their faith. The detention is not staffed by religious ministers.

Rules and regulations (including drugs)

In all prisons as a rule, sex, drugs, alcohol and cigarettes are strictly forbidden. Prison security is tough and if you are caught with drugs you will spend time in solitary confinement.

Drugs that are illegal in the UK are illegal in Burundi. Use and sale of illegal drugs in Burundi is however widespread. If you are caught with illegal substances you will be punished according to prison regulations, which could include solitary confinement.

Tobacco cigarettes are NOT allowed inside Burundi Prisons.

Prison: access to help and services

Receiving money

There are two ways in which you may be able to receive financial assistance while in prison.

• private funds: deposited to you by your family or friends
• Prisoners Abroad: depending on where you are detained, if your family can’t support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day)
• email: [email protected]Website:www.prisonersabroad.org.uk
• the British Government does not provide financial assistance to prisoners

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family.

The Foreign Commonwealth & Development Office (FCDO) operates a “Prison Comfort” system for money transfers to prisoners. Please ask your family to get in touch with the FCDO in order to arrange this.

We are unable to receive payment by credit or debit card, or by cash.

Prisoners Abroad

In addition, Prisoners Abroad, a UK charity, may be able to assist you with funding for prison essentials and some medical care if you are not in receipt of any regular donations from other sources. See Chapter 4 of this document for more details.

Medical and dental treatment

While you are in detention, Burundi is responsible for ensuring your basic medical needs are met

Concerning the healthcare of inmates, every inmate in Burundi prisons has the same right to medical care as any other citizen. Free medical treatment is provided through the program known as ‘carte d’assurance maladie”

Every prison has an infirmary where patients receive medical care and that collaborates with the health centres near the prison. If you cannot receive medical care at the prison, you will be transferred to another health centre.

Upon admission to the prison, you will be examined by a doctor for any contagious diseases and broader medical needs. If you are diagnosed with a contagious disease, you will be transferred to a hospital isolation ward to receive healthcare to protect other people from contamination.

The prison medical staff will examine issues relating to disease, hygiene and nutritional status. They will inform the prison management in writing of any relevant matters that need to be addressed.

If you need medical or dental treatment, you should ask to see the prison doctor or nurse. Basic medical attention is free of charge. There are resident prison doctors and nurses every day.

It is unlikely that a doctor who speaks English will treat you. If you do not understand the doctor, you are encouraged to ask a trusted member of the prison staff to provide translation for you. If the doctor is unable to treat you, you will be sent to the nearest local hospital. If you need specialist medication or complex treatment, you will be expected to pay all associated costs.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.

HIV/ AIDS is a significant problem in prisons. If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful if you have your medical records, or at least a report, sent from your doctor to the medical doctor treating you in the detention centre. With your permission, we can help to link up your doctor in the UK with your doctor in prison, as this is part of the assistance we can offer.

Mail/parcels

There is usually no limit to the number of letters you may send or receive. The authorities are obliged to deliver letters with the minimum of delay. Please be aware that all letters and parcels are opened and checked by prison staff before they are given to detained persons.

You can receive parcels from your family with permission from Direction Générale des Affaires Pénitentiaires.

Direction Générale des Affaires Pénitentiaires will direct you on how to send and receive parcels. Parcels should have the name and details of the sender. The sender must be registered with Direction Générale des Affaires Pénitentiaires or the parcel will be refused.

All letters and parcels will be sent through:

Direction Générale des Affaires Pénitentiaires
Bujumbura, Burundi

Telephone calls

You will not have regular access to a telephone, and will not be permitted to have a mobile phone. Burundi law states detainees cannot have access to phones and you will not be allowed to make phone calls while in detention. If you are caught trying to use a mobile phone inside the prison you will be punished according to the prison’s regulations. These punishments include, but are not limited to, losing employment and education privileges, and solitary confinement.

On exceptional occasions you could request for a phone call to your family in writing to the Direction Générale des Affaires Pénitentiaires and on his discretion you may be granted to make a call. All calls would be done under supervision.

Making a complaint about mistreatment

If you have been tortured or mistreated, please inform Consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and inform you of any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, please try to see a doctor, obtain a medical report and if possible photos of the injuries you received.

Chapter 3: The Burundi judicial system

Overview and first steps

At the commune level in the rural provinces and at the zone level in the town of Bujumbura, there are the “Courts of Residence” or Magistrate Courts (Tribunal de Residence) which handle both criminal and civil cases. The Courts of Residence have criminal jurisdiction to impose jail sentences for up to 2 years and infringement against the highway code, while in its civil jurisdiction, it has jurisdiction over disputes between private persons worth up to one million Burundian francs , unregistered land related matters, matters relating to evictions, family and persons related matters.

In the Courts of Residence, the role of prosecutor in criminal affairs is played by judges who comprise the bench, whenever the Prosecutor of Republic omitted a nomination of a prosecutor or police officer to play this role. This has been modified a bit by the criminal procedure code which stipulates that, before the courts of residence seating in criminal matters, the prosecutor of the republic appoints either one or more prosecutors or one or more judicial police officers to play such a role. It seems that the criminal procedure code has taken out the prosecution power from magistrates composing the bench of the residence court.

At the provincial level and at the commune level in the town of Bujumbura, there are county courts/high courts. The Tribunaux de Grande Instance with the prosecutions (Parquets de la République) followed by seven Courts of appeal with seven General prosecutions based at Bujumbura (three courts of appeal), Ngozi, Gitega, Bururi and Makamba.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

What should happen after you are arrested

Police custody is defined as the detention of a person for a reason determined by law and for a short period on the very place of the accused person’s arrest or, police or security offices, for the purposes of a judicial mission. In addition, police custody can only be carried out by a Judicial Police Officer who is clearly identified in a specified the record. The police officer must ensure the control and assumes responsibility for the detention and the defendant while he is in custody. Men and women must be separated in police custody. In addition, they must be monitored by police officers of the same sex.

It is important for a lawyer to verify that every police custody is accompanied by a police custody record drawn up by the judicial police officer. The report must contain all of the following information: the police officer’s name, surname, and position; the identity of the person in custody, the day time, duration and place of arrest, the reasons for the custody, the conditions under which the detained person was arrested, and an assurance that the detainee was aware of their rights and placed in a position to exercise them. The original copy of the report must be given to the public prosecutor, a copy must be given to the person in custody, and a duplicate shall be kept on the spot. The record must be entered in a register containing all cases of police custody.

Every judicial police officer is obliged to inform the family of the person in custody or any other interested person. Moreover, the public prosecutor may order the end of a custody that he deems no longer deems justifiable.

Police custody is judicial when the detainee is arrested for the execution of a justice mandate, a custodial sentence or non payment of a debt (the incarceration of a person in order to compel him/her to pay a sum that he/she owes in execution of a criminal conviction) and is immediately placed in custody.

There are different types of police custody: Police custody is referred to as the Criminal Investigation Department for the purposes of a preliminary investigation or the execution of a request letter. Police custody is judicial when the arrested individual is addressed for the execution of a justice mandate, deprivation of liberty or imprisonment is immediately placed in custody.

Custody is limited. It cannot exceed seven days, unless the prorogation is decided by the Public Prosecutor with a maximum limit of twice that period.

The detainee has the following rights:

• the right to be informed of your rights and motives for the arrest: the right of any person arrested to be informed of the reasons for their arrest is a procedural safeguard which cannot be restricted, at any time or under any circumstances. This right is provided for in the Code of Criminal Procedure which states that before being interrogated, the person to be interrogated must be informed of their rights, especially the right to remain silent in the absence of a lawyer. A judicial police officer must inform the accused person of their rights and give them an ability to exercise their rights during police custody.

• the right to be assisted by a lawyer: the right to be assisted by a lawyer is recognized by the Code of Criminal Procedure. Every accused person has the right to be assisted by a lawyer or a specially agreed upon representative by the tribunal. Unless the accused person objects, the judge can ask the president of the Bar to appoint a Bar-certified lawyer to represent the defendant. Every accused person that is a minor or who has been accused of a crime with a punishment over 20 years imprisonment must be represented by a lawyer.

Any placement in police custody must be the subject of a report drawn up by a judicial police officer. A copy is left with the person being held. The report must contain all of the following information: the police officer’s name, surname, and position; the identity of the person in custody, the day time, duration and place of arrest, the reasons for the custody, the conditions under which the detained person was arrested, and an assurance that the detainee was aware of their rights and placed in a position to exercise them. The original copy of the report must be given to the public prosecutor, a copy must be given to the person in custody, and a duplicate shall be kept on the spot. The record must be entered in a register containing all cases of police custody.

Should you have any questions concerning the legal aspects of your arrest, contact your lawyer. See our list of lawyers in Burundi.

How long you can be remanded in custody

The time spent in police custody may not exceed seven clear days, unless the officer of the Public Prosecutor’s Office decides to extend this period by a maximum of twice that time.

The Public Prosecutor’s Office may at any time order the termination of custody that it does not or no longer considers justified.

The Prosecutor and the accused or counsel for the accused may appeal custody orders within two working days

Preventive detention may not exceed one year if the fact appears to constitute an offense for which the penalty prescribed by law does not exceed five years.

After you are charged

Public Prosecutor’s Office shall summon the accused to appear in court in order to provide the following explanation of the facts against him. Under penalty of nullity, the accused must be informed of its rights.

Under penalty of nullity of the interrogation, the accused has the right not to be forced to do so to testify against him or her or to confess guilt.

If the accused declares that he is unable to express himself in the language of the procedure, the Public Prosecutor’s Office appoints an interpreter at the expense of the Public Treasury.

The Public Prosecutor’s Office may issue a warrant to bring against any a person who refuses to appear.

Bail

When the accused has been summoned to appear, the Prosecutor’s Office may, with the authorisation of the judge, and if the offense is punishable by a term of penal servitude of at least one year, order that the accused be placed under a committal order until the day of the trial, without the duration of such detention exceeding eight days

Provisional release pending summons to appear before the court is provided.

As long as it has not yet seized the court of judgment, the Officer of the The Public Prosecutor’s Office may grant the accused provisional release.

The order for provisional release must state the conditions to which it imposes on the prisoner who benefits from this measure.

Once the accused has been remanded in custody, and where the offence is one that the law punishes with a minimum of ten years of penal servitude.

It is granted on the condition that the accused does not obstruct the investigation and does not cause a scandal as a result.

The FCDO is not able to facilitate the transfer of bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, you can access a list of English speaking lawyers https://www.gov.uk/government/publications/burundi-list-of-lawyers

Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

You can hire a lawyer for yourself at any time after your arrest. Normally a privately-hired lawyer will ask for a cash advance for their estimated legal fees before they agree to represent you. If you do not have funds to pay for your own lawyer, free legal aid does exist in Burundi however, the system does not work well in practice. Some lawyers may agree to provide pro bono assistance if you ask.

Trial

On your trial day you will be taken to the court where your case is being handled. There will be a judge in charge of your case, along with the public prosecutor and your lawyer (if you have one). If you don’t speak Kirundi, the court must provide you with an interpreter but you may need to pay for this.

Sentences

The judge decides according to the law.

The judgments are pronounced as soon as the hearings are closed and at the latest within thirty days following the deliberation of the file.

In the case of a crime or a flagrant offence, the Public Prosecutor’s Office to whom the file is transmitted shall immediately issue the arrest warrant after the first hearing of the accused.

The accused must be brought to the next hearing of the court of judgment without summons, upon simple verbal notice.

The court hearing the case shall immediately notify the accused or his lawyer of the place and time of the hearing. Witnesses of the flagrant crime or offence may be requested verbally and must appear.

The judgments thus rendered are subject to opposition and appeal. The appeal and the opposition must be filed within five days, which run against the Public Prosecutor’s Office from the day of the decision, against the convicted person and the civil party from the day of service.

Appeals

The faculty to appeal belongs:

• to the defendant
• to the Prosecutor’ Office
• to the person declared civilly liable (The criminal courts are empowered to rule on civil liability of the defendant and to award financial compensation if needed)
• to the civil party or to the persons to whom damages have been awarded ex officio, with respect to their civil interests only

The appeal must, under penalty of forfeiture, be lodged within thirty days following the pronouncement of the judgment for the Public Prosecutor’s Office or its service on the other parties, depending on whether it is contradictory or by default.

The court seized of appeal or opposition shall rule on any case that has ceased, the parties being heard. It must pronounce the judgment within fifteen days after the case is referred to it. The decision handed down by the court of appeal is subject to appeal to the Supreme Court of Appeal in accordance with the procedure provided for by the law governing the Supreme Court.

The instruction

The Prosecutor’s Office exercises the public action and requires the application of the law. It directs and controls the activities of the Judicial Police Officers and all agents public with the status of Judicial Police Officer.

The Prosecutor’s Office is represented with each repressive jurisdiction. He attends the hearings. All decisions by the court are pronounced in his presence and he ensures execution.

The Prosecutor’s Office carries out or causes to be carried out all acts necessary for the investigation and prosecution of violations of criminal law.

When he receives information, reports, acts and documents relating to an offence, the Public Prosecutor may:

• either dismiss the case
• or direct to the competent court

The interrogation of the accused person

The Public Prosecutor’s Office shall summon the accused to appear in court in order to provide explanation of the facts against him/her. Under penalty of nullity, the accused must be informed of its rights.

Under penalty of nullity of the interrogation, the accused has the right not to be forced to testify against him or herself or to confess guilt.

If the accused declares that s/he is unable to express him or herself in the language of the procedure, the Public Prosecutor’s Office appoints an interpreter at the expense of the Public Treasury.

The Public Prosecutor’s Office may issue a warrant against any person who refuses to appear in court.

The hearing of witnesses

The Officer of Prosecutor’s Office may summon before him/her any person whose hearing s/he deems necessary.

The defendant and the civil party also have the right to request that the officer of the Public Prosecutor’s Office hears a witness. The person that is summoned is required to appear and comply with the summons.

Site visits, searches and seizures

Judicial Police Officers may carry out visits and searches of your home or residence. Before doing so, the Officer of the Public Prosecutor’s Office must first present his/her ID card and a duly executed search warrant signed by the competent authority.

The Judicial Police Officers can, during a search, access your computer to search data relevant to the current investigation.

Except in cases of flagrant infringement, the Prosecutor’s Office may not conduct a bodily exploration on any person in your home or residence without written authorisation of the Judge. The exploration of the body may only be carried out by a physician.

In the case of a minor, the person under whose parental or guardianship authority the minor is, must first give consent for a bodily search. A minor aged 15 years and over must also give his or her consent. This consent must be in writing.

Rights of the defendant and the civil party during the pre-jurisdictional phase

The alleged offender benefits from all the necessary guarantees to exercise the right of defence. To this end, s/he is guaranteed in particular the following rights which follow:

• to choose a Counsel
• to communicate freely with him/her and in all confidentiality
• to be assisted in the drafting of correspondence and in the production of the discharge parts
• to be assisted by its counsel during the acts of investigation
• the right to remain silent in the absence of its counsel

The accused and his/her Counsel shall have the right to see a record of the proceedings.

Interpreters, translators and experts

Any person who is legally required to do so by an Officer of the Prosecutor’s office or by a judge, is required to lend his or her ministry as an interpreter, translator or expert. They are bound by the duty of confidentiality.

Preventive Detention (art. 154)

Preventive detention may be ordered or maintained only if it is the only means of satisfying at least one of the following conditions

• to preserve evidence and material clues or to prevent either pressure on witnesses or victims, or fraudulent collaboration between accused persons, co-perpetrators or accomplices
• to preserve public order from the current disturbance caused by the offence
• to put an end to the offence or to prevent its renewal
• to ensure that the accused remains at the disposal of justice

The Public Prosecutor’s Office may, after questioning the accused, place him/her under detention, subject to present him/her before the nearest competent judge who shall rule on the detention.

The Public Prosecution Office shall refer the matter to the Judge within a period not exceeding fifteen days, under penalty of disciplinary sanctions against him/her.

Provisional liberty

Provisional liberty is granted on the condition that the defendant does not obstruct the investigation and does not cause a scandal through his conduct.

Appeals against preventive detention orders

The time limit for appeals is two working days.

Reaching the end of your sentence

The decision handed down by the court of appeal is subject to appeal to the Supreme Court of Appeal in accordance with the procedure provided for by the law governing the Supreme Court.

The Court of Cassation must rule within fifteen days of the first hearing.

In case of cassation with referral, the referring court must rule within ten days from the first hearing of the referred case.

Reduction of sentence (remission)

It is uncommon to get a reduction of sentence. The sole provision is for the President to sign a presidential grace, which would need to be submitted to the president’s office by your lawyer.

Early release (on parole)

There is no provision available in Burundi for early release.

Clemency or pardon

It is uncommon to get clemency or pardon. The sole provision is for the President to sign a presidential grace, which would need to be submitted to the president’s office by your lawyer.

Non-legal remedies

Amnesty

Amnesty is the act by which the legislative power prohibits the exercise or continuation of criminal proceedings and cancels the sentence pronounced.

In principle, amnesty is general; however, it can be limited to certain categories of offenses.

Pardon

Pardon consists in the total or partial surrender by the executive power of the execution of the sentences pronounced or in their commutation to other less serious sentences.

The request for pardon is made by the convicted person or any interested party acting on his behalf when it is individual.

Applications for pardon are addressed to the Minister of Justice, who submits a report to the Head of State for a discretionary decision.

After investigation, pardon files are sent to the Minister of Justice, who presents a report to the Head of State for discretionary decision.

Transfer to another prison within Burundi

The transfer is only possible from Bujumbura to one of the provinces or vice-versa.

Transfer to the UK

To transfer, you must:

• be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
• not be awaiting trial
• have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
• have at least 6 months of your sentence left to serve when you apply for transfer
• have no outstanding fines or other non-custodial penalties

The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.

The authorities in Burundi may refuse your request. You should be aware that even if the sentencing State agrees to your transfer then the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years and you have no close family residents there.

The request is submitted to Ministry of Justice via Ministry of Foreign Affairs.

Find out more about transfers to the UK.

Procedures for release and deportation

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad you can visit Prisoners Abroad when you first arrive back in UK for advice, to take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance it is best to write and tell your caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Aftercare Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are The Salvation Army – UK Helpline 020 7367 4888, Monday to Friday 8am to 4pm, or contact your local Salvation Army branch – and The Prison Fellowship, UK Helpline 020 7799 2500, Monday to Friday 9am to 5pm.

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK

Telephone: 00 44 (0)20 7561 6820 or for your relatives in the UK, Freephone: 0808 172 0098 (Mondays and Tuesdays 9.30 am to 6pm, and Wednesdays to Fridays 9.30 am to 4.30 pm, UK time)

Email: [email protected]

Website: www.prisonersabroad.org.uk

Glossary of terms

Key phrases: English into Kirundi

English	Kirundi
Thank you	Urakoze/Murakoze
Hello (General greeting)	Mwaramutse/ Amahoro
How are you?	Muraho?/Uraho?/Urakomeye?/Murakomeye?
Reply to ‘How are you?’	Turaho/Ndaho/Ndakomeye/Turakomeye
And you?	Nawe?Namwe?
What’s your name?	Witwa gute?/Mwitwa gute?
My name is..	Nitwa…/Izina ryanje ni….
Where are you from?	Uva he?Uvuka he?
I’m from…	Mva…/Mvuka….
Good Morning	Mwaramutse
Good afternoon	Mwiriwe
Help!	Mfasha!
I need medical assistance	Ndakeneye kubonana n’umuganga
Good Evening	Mwiriwe/Ijoro ryiza

Annex

• FCDO leaflet: Support for British Nationals Abroad: Summary
• FCDO leaflet: In Prison Abroad: Transfer to a UK Prison
• FCDO letter: Financial Assistance – how to send Money to the FCDO
• list of English-Speaking Lawyers
• list of private Translators/Interpreters
• Prisoners Abroad Forms:
• Prisoners Abroad Authorisation form
• Prisoners Abroad Family contact form
• Prisoners Abroad CFF form