Burundi - Revision history

Aozanian: Automated: highlight flagged (contradicted) claim

2026-09-21T01:21:29Z

Automated: highlight flagged (contradicted) claim

Unknown user at 09:48, 15 February 2021

2021-02-15T09:48:08Z

← Older revision		Revision as of 10:48, 15 February 2021
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	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">CODES</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">CODES</h2>
	*[~~https~~://www.~~constituteproject~~.~~org~~/constitution~~/Burundi_2005~~.pdf Constitution of Burundi - English (PDF)]		*[http://www.presidence.gov.bi/wp-content/uploads/2018/07/constitution-promulguee-le-7-juin-2018.pdf Constitution of Burundi - English (PDF)]
	*[~~http~~://www.~~wipo~~.~~int~~/~~edocs~~/~~lexdocs/laws/fr/bi/bi018fr~~.pdf Code of Criminal Procedure of Burundi - French (PDF)]		*[https://www.droit-afrique.com/uploads/Burundi-Code-2018-procedure-penale.pdf Code of Criminal Procedure of Burundi - French (PDF)]
	*[https://www.~~pdf.investintech~~.com/~~preview~~-~~frames~~.~~php?id=WGMxUkVjRVMxVTZqTTBFZ25yOFhwbEY0SWZDNmlCbERtZE1xVGRSWkdlZE5iMkxUZitnSmN0R0tpZzI2ZmVEcFhnMFFYeENwdUNkdUQ2eW5pdWZ3SEFZUjhHRCtaZWRCRjBRci95bnYwckdoTHdqblpYUWhlM05tZGxqaEh5N3c=~~ Penal Code of Burundi -French (PDF)]		*[https://www.droit-afrique.com/uploads/Burundi-Code-2017-penal.pdf Penal Code of Burundi -French (PDF)]

	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL RESOURCES</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL RESOURCES</h2>

Unknown user at 13:58, 12 February 2021

2021-02-12T13:58:26Z

← Older revision		Revision as of 14:58, 12 February 2021
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	*[https://www.constituteproject.org/constitution/Burundi_2005.pdf Constitution of Burundi - English (PDF)]		*[https://www.constituteproject.org/constitution/Burundi_2005.pdf Constitution of Burundi - English (PDF)]
	*[http://www.wipo.int/edocs/lexdocs/laws/fr/bi/bi018fr.pdf Code of Criminal Procedure of Burundi - French (PDF)]		*[http://www.wipo.int/edocs/lexdocs/laws/fr/bi/bi018fr.pdf Code of Criminal Procedure of Burundi - French (PDF)]
	*[~~file~~:///~~C:/Users/ellao/Downloads/Code%20p%C3%A9nal%20r%C3%A9vis%C3%A9~~.~~pdf~~ Penal Code of Burundi -French (PDF)]		*[https://www.pdf.investintech.com/preview-frames.php?id=WGMxUkVjRVMxVTZqTTBFZ25yOFhwbEY0SWZDNmlCbERtZE1xVGRSWkdlZE5iMkxUZitnSmN0R0tpZzI2ZmVEcFhnMFFYeENwdUNkdUQ2eW5pdWZ3SEFZUjhHRCtaZWRCRjBRci95bnYwckdoTHdqblpYUWhlM05tZGxqaEh5N3c= Penal Code of Burundi -French (PDF)]

	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL RESOURCES</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL RESOURCES</h2>

Unknown user at 13:48, 12 February 2021

2021-02-12T13:48:00Z

← Older revision		Revision as of 14:48, 12 February 2021
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	*[https://www.constituteproject.org/constitution/Burundi_2005.pdf Constitution of Burundi - English (PDF)]		*[https://www.constituteproject.org/constitution/Burundi_2005.pdf Constitution of Burundi - English (PDF)]
	*[http://www.wipo.int/edocs/lexdocs/laws/fr/bi/bi018fr.pdf Code of Criminal Procedure of Burundi - French (PDF)]		*[http://www.wipo.int/edocs/lexdocs/laws/fr/bi/bi018fr.pdf Code of Criminal Procedure of Burundi - French (PDF)]
	*[~~https~~://~~www.icrc.org~~/~~ihl-nat.nsf~~/0/~~cb9d300d8db9fc37c125707300338af2~~/~~$FILE~~/Code%~~20P~~%C3%A9nal%~~20du~~%~~20Burundi~~%20.pdf Penal Code of Burundi -French (PDF)]		*[file:///C:/Users/ellao/Downloads/Code%20p%C3%A9nal%20r%C3%A9vis%C3%A9.pdf Penal Code of Burundi -French (PDF)]

	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL RESOURCES</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL RESOURCES</h2>

Unknown user: /* Police Procedures */

2020-08-24T13:17:04Z

Police Procedures

← Older revision		Revision as of 14:17, 24 August 2020
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	'''The rights of the accused during police custody'''		'''The rights of the accused during police custody'''

	Police custody is defined in '''Article 32''' of the '''Code of Criminal Procedure'''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 verbal process. The police officer must ensures 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.		Police custody is defined in '''Article 32''' of the '''Code of Criminal Procedure''' 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 verbal process. The police officer must ensures 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. Under Article 35 of the Code of Criminal Procedure, 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.		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. Under Article 35 of the Code of Criminal Procedure, 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.
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	Custody is limited. According to '''Article 34''' of the '''Code of Criminal Procedure''' it cannot exceed seven days, unless the prorogation is decided by the Public Prosecutor with a maximum limit of twice that period.		Custody is limited. According to '''Article 34''' of the '''Code of Criminal Procedure''' it cannot exceed seven days, unless the prorogation is decided by the Public Prosecutor with a maximum limit of twice that period.



	==More Information==		==More Information==

Unknown user at 08:37, 18 August 2020

2020-08-18T08:37:34Z

← Older revision		Revision as of 09:37, 18 August 2020
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	{{Languages\|Burundi}}		{{Languages\|Burundi}}
	__NOTOC__		__NOTOC__
	~~https://www.msn.com/en-us/money/markets/poorest-countries-in-the-world/ss-AADzihN#image=25~~

Unknown user at 08:37, 18 August 2020

2020-08-18T08:37:16Z

← Older revision		Revision as of 09:37, 18 August 2020
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	== Background of Burundi ==		== Background of Burundi ==
	Burundi is an African country located in the Great Lakes region and is one of the six member states of the East African Community (EAC). With a total area of 27,834 km, Burundi is one of the smallest countries in Africa. Landlocked, Burundi shares borders with Tanzania to the East, the Democratic Republic of the Congo to the West, and Rwanda to the North. Burundi contains Lake Tanganyika and other smaller lakes that dot the country. The overall population density compared to the area of the land (not including the lakes) is 435 inhabitants per km2 <ref> https://data.worldbank.org/indicator/EN.POP.DNST?locations=BI <ref>, which is concentrated mainly in the provinces of Gitega, Kayanza, Ngozi, Kirundo, and Muyinga, making Burundi one of the most populous African countries. Burundi officially recognizes three ethnic groups: Hutu (85% of the population), Tutsi (14% of the population), and Twa (1% of the population). The cohabitation of these three ethnic groups caused tensions to rise in the past but after the Arusha Accords were signed in 2000, a much more peaceful atmosphere has existed until the recent political crises crises.		Burundi is an African country located in the Great Lakes region and is one of the six member states of the East African Community (EAC). With a total area of 27,834 km, Burundi is one of the smallest countries in Africa. Landlocked, Burundi shares borders with Tanzania to the East, the Democratic Republic of the Congo to the West, and Rwanda to the North. Burundi contains Lake Tanganyika and other smaller lakes that dot the country. The overall population density compared to the area of the land (not including the lakes) is 435 inhabitants per km2 <ref>https://data.worldbank.org/indicator/EN.POP.DNST?locations=BI</ref>, which is concentrated mainly in the provinces of Gitega, Kayanza, Ngozi, Kirundo, and Muyinga, making Burundi one of the most populous African countries. Burundi officially recognizes three ethnic groups: Hutu (85% of the population), Tutsi (14% of the population), and Twa (1% of the population). The cohabitation of these three ethnic groups caused tensions to rise in the past but after the Arusha Accords were signed in 2000, a much more peaceful atmosphere has existed until the recent political crises crises.

	Historically, Burundi has experienced political crises and repeated civil wars between 1962 and 2008 that caused the deaths of more than 600,000 people. During the years of civil war following Burundi’s independence in 1962, Burundi struggled to grow economically, finally experiencing positive growth in 2005 at a rate of three to five percent. As emphasized by the World Bank, however, Burundi is still suffering the reverberations from previous wars, seeking to bandage wounds that have still not fully healed. Economic progress in Burundi is slowed by the high prices for food and oil, an energy deficit, inflation, excessive population growth, and a strong dependence on international financial aid. According to a 2019 MSN report using World Bank data, Burundi is the second poorest country in the world, behind the Central African Republic.<ref>https://www.msn.com/en-us/money/markets/poorest-countries-in-the-world/ss-AADzihN#image=25</ref>		Historically, Burundi has experienced political crises and repeated civil wars between 1962 and 2008 that caused the deaths of more than 600,000 people. During the years of civil war following Burundi’s independence in 1962, Burundi struggled to grow economically, finally experiencing positive growth in 2005 at a rate of three to five percent. As emphasized by the World Bank, however, Burundi is still suffering the reverberations from previous wars, seeking to bandage wounds that have still not fully healed. Economic progress in Burundi is slowed by the high prices for food and oil, an energy deficit, inflation, excessive population growth, and a strong dependence on international financial aid. According to a 2019 MSN report using World Bank data, Burundi is the second poorest country in the world, behind the Central African Republic.<ref>https://www.msn.com/en-us/money/markets/poorest-countries-in-the-world/ss-AADzihN#image=25</ref>
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	'''- Convention on the Elimination of All Forms of Discrimination against Women''' (1991) <ref>https://www.ohchr.org/en/professionalinterest/pages/cedaw.aspx </ref>		'''- Convention on the Elimination of All Forms of Discrimination against Women''' (1991) <ref>https://www.ohchr.org/en/professionalinterest/pages/cedaw.aspx </ref>

	'''-- International Convention for the Protection of All Persons from Enforced Disappearance''' (2007) <ref>https://www.ohchr.org/en/hrbodies/ced/pages/conventionced.aspx </ref>		'''- International Convention for the Protection of All Persons from Enforced Disappearance''' (2007) <ref>https://www.ohchr.org/en/hrbodies/ced/pages/conventionced.aspx </ref>

	'''- Optional Protocol on the Rights of the Child on the involvement of children in armed conflict''' (2008) <ref>https://www.ohchr.org/en/professionalinterest/pages/opaccrc.aspx <ref> <ref> https://unchrd.org/index.php?option=com_content&view=article&id=119&Itemid=115</ref>		'''- Optional Protocol on the Rights of the Child on the involvement of children in armed conflict''' (2008) <ref>https://www.ohchr.org/en/professionalinterest/pages/opaccrc.aspx
			</ref> <ref>https://unchrd.org/index.php?option=com_content&view=article&id=119&Itemid=115</ref>

Unknown user at 08:36, 18 August 2020

2020-08-18T08:36:02Z

Unknown user at 08:30, 18 August 2020

2020-08-18T08:30:37Z

← Older revision		Revision as of 09:30, 18 August 2020
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	Burundi is an African country located in the Great Lakes region and is one of the six member states of the East African Community (EAC). With a total area of 27,834 km, Burundi is one of the smallest countries in Africa. Landlocked, Burundi shares borders with Tanzania to the East, the Democratic Republic of the Congo to the West, and Rwanda to the North. Burundi contains Lake Tanganyika and other smaller lakes that dot the country. The overall population density compared to the area of the land (not including the lakes) is 435 inhabitants per km2 <ref> https://data.worldbank.org/indicator/EN.POP.DNST?locations=BI <ref>, which is concentrated mainly in the provinces of Gitega, Kayanza, Ngozi, Kirundo, and Muyinga, making Burundi one of the most populous African countries. Burundi officially recognizes three ethnic groups: Hutu (85% of the population), Tutsi (14% of the population), and Twa (1% of the population). The cohabitation of these three ethnic groups caused tensions to rise in the past but after the Arusha Accords were signed in 2000, a much more peaceful atmosphere has existed until the recent political crises crises.		Burundi is an African country located in the Great Lakes region and is one of the six member states of the East African Community (EAC). With a total area of 27,834 km, Burundi is one of the smallest countries in Africa. Landlocked, Burundi shares borders with Tanzania to the East, the Democratic Republic of the Congo to the West, and Rwanda to the North. Burundi contains Lake Tanganyika and other smaller lakes that dot the country. The overall population density compared to the area of the land (not including the lakes) is 435 inhabitants per km2 <ref> https://data.worldbank.org/indicator/EN.POP.DNST?locations=BI <ref>, which is concentrated mainly in the provinces of Gitega, Kayanza, Ngozi, Kirundo, and Muyinga, making Burundi one of the most populous African countries. Burundi officially recognizes three ethnic groups: Hutu (85% of the population), Tutsi (14% of the population), and Twa (1% of the population). The cohabitation of these three ethnic groups caused tensions to rise in the past but after the Arusha Accords were signed in 2000, a much more peaceful atmosphere has existed until the recent political crises crises.

	Historically, Burundi has experienced political crises and repeated civil wars between 1962 and 2008 that caused the deaths of more than 600,000 people. During the years of civil war following Burundi’s independence in 1962, Burundi struggled to grow economically, finally experiencing positive growth in 2005 at a rate of three to five percent. As emphasized by the World Bank, however, Burundi is still suffering the reverberations from previous wars, seeking to bandage wounds that have still not fully healed. Economic progress in Burundi is slowed by the high prices for food and oil, an energy deficit, inflation, excessive population growth, and a strong dependence on international financial aid. According to a 2019 MSN report using World Bank data, Burundi is the second poorest country in the world, behind the Central African Republic<ref> https://www.msn.com/en-us/money/markets/poorest-countries-in-the-world/ss-AADzihN#image=25</ref>.		Historically, Burundi has experienced political crises and repeated civil wars between 1962 and 2008 that caused the deaths of more than 600,000 people. During the years of civil war following Burundi’s independence in 1962, Burundi struggled to grow economically, finally experiencing positive growth in 2005 at a rate of three to five percent. As emphasized by the World Bank, however, Burundi is still suffering the reverberations from previous wars, seeking to bandage wounds that have still not fully healed. Economic progress in Burundi is slowed by the high prices for food and oil, an energy deficit, inflation, excessive population growth, and a strong dependence on international financial aid. According to a 2019 MSN report using World Bank data, Burundi is the second poorest country in the world, behind the Central African Republic<ref> https://www.msn.com/en-us/money/markets/poorest-countries-in-the-world/ss-AADzihN#image=25</ref>

	==National Sources of Law==		==National Sources of Law==

Unknown user at 08:29, 18 August 2020

2020-08-18T08:29:50Z

← Older revision		Revision as of 09:29, 18 August 2020
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	Burundi is an African country located in the Great Lakes region and is one of the six member states of the East African Community (EAC). With a total area of 27,834 km, Burundi is one of the smallest countries in Africa. Landlocked, Burundi shares borders with Tanzania to the East, the Democratic Republic of the Congo to the West, and Rwanda to the North. Burundi contains Lake Tanganyika and other smaller lakes that dot the country. The overall population density compared to the area of the land (not including the lakes) is 435 inhabitants per km2 <ref> https://data.worldbank.org/indicator/EN.POP.DNST?locations=BI <ref>, which is concentrated mainly in the provinces of Gitega, Kayanza, Ngozi, Kirundo, and Muyinga, making Burundi one of the most populous African countries. Burundi officially recognizes three ethnic groups: Hutu (85% of the population), Tutsi (14% of the population), and Twa (1% of the population). The cohabitation of these three ethnic groups caused tensions to rise in the past but after the Arusha Accords were signed in 2000, a much more peaceful atmosphere has existed until the recent political crises crises.		Burundi is an African country located in the Great Lakes region and is one of the six member states of the East African Community (EAC). With a total area of 27,834 km, Burundi is one of the smallest countries in Africa. Landlocked, Burundi shares borders with Tanzania to the East, the Democratic Republic of the Congo to the West, and Rwanda to the North. Burundi contains Lake Tanganyika and other smaller lakes that dot the country. The overall population density compared to the area of the land (not including the lakes) is 435 inhabitants per km2 <ref> https://data.worldbank.org/indicator/EN.POP.DNST?locations=BI <ref>, which is concentrated mainly in the provinces of Gitega, Kayanza, Ngozi, Kirundo, and Muyinga, making Burundi one of the most populous African countries. Burundi officially recognizes three ethnic groups: Hutu (85% of the population), Tutsi (14% of the population), and Twa (1% of the population). The cohabitation of these three ethnic groups caused tensions to rise in the past but after the Arusha Accords were signed in 2000, a much more peaceful atmosphere has existed until the recent political crises crises.

	Historically, Burundi has experienced political crises and repeated civil wars between 1962 and 2008 that caused the deaths of more than 600,000 people. During the years of civil war following Burundi’s independence in 1962, Burundi struggled to grow economically, finally experiencing positive growth in 2005 at a rate of three to five percent. As emphasized by the World Bank, however, Burundi is still suffering the reverberations from previous wars, seeking to bandage wounds that have still not fully healed. Economic progress in Burundi is slowed by the high prices for food and oil, an energy deficit, inflation, excessive population growth, and a strong dependence on international financial aid. According to a 2019 MSN report using World Bank data, Burundi is the second poorest country in the world, behind the Central African Republic <ref> https://www.msn.com/en-us/money/markets/poorest-countries-in-the-world/ss-AADzihN#image=25</ref>.		Historically, Burundi has experienced political crises and repeated civil wars between 1962 and 2008 that caused the deaths of more than 600,000 people. During the years of civil war following Burundi’s independence in 1962, Burundi struggled to grow economically, finally experiencing positive growth in 2005 at a rate of three to five percent. As emphasized by the World Bank, however, Burundi is still suffering the reverberations from previous wars, seeking to bandage wounds that have still not fully healed. Economic progress in Burundi is slowed by the high prices for food and oil, an energy deficit, inflation, excessive population growth, and a strong dependence on international financial aid. According to a 2019 MSN report using World Bank data, Burundi is the second poorest country in the world, behind the Central African Republic<ref> https://www.msn.com/en-us/money/markets/poorest-countries-in-the-world/ss-AADzihN#image=25</ref>.

	==National Sources of Law==		==National Sources of Law==

← Older revision		Revision as of 02:21, 21 September 2026
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	'''The right to be assisted by a lawyer'''		'''The right to be assisted by a lawyer'''

	The right to be assisted by a lawyer is recognised by the '''Code of Criminal Procedure'''. Under '''Article 222''', 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.		The right to be assisted by a lawyer is recognised by the '''Code of Criminal Procedure'''. {{Highlight\|Under '''Article 222''', every accused person has the right to be assisted by a lawyer or a specially agreed upon representative by the tribunal\|The context provides information about the right to defense and assistance of counsel in Articles 92, 93, and 40, but does not mention Article 222 of the Code of Criminal Procedure. The right to assistance by a lawyer is supported, but the specific reference to Article 222 is contradicted as it is not found in the provided context.}}. 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.


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	'''The right to be judged within a reasonable time'''		'''The right to be judged within a reasonable time'''

	''Article 40''' of the '''Constitution of Burundi''' guarantees that everyone will be judged within a reasonable time.		{{Highlight\|''Article 40''' of the '''Constitution of Burundi''' guarantees that everyone will be judged within a reasonable time\|Article 38 guarantees the right to be judged without unreasonable delay, while Article 40 pertains to the presumption of innocence and the right to a fair trial, not specifically addressing the right to a timely judgment.}}.


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	'''The Right to an Interpreter'''		'''The Right to an Interpreter'''
	'''Article 115''' in '''The Code of Criminal Procedure''' requires the use of a public interpreter if the accused person is unable to express themselves in or understand the working language of the court. '''Articles 143 to 153''' provide for the necessary requirements of choosing and appointing public interpreters.		'''Article 115''' in '''The Code of Criminal Procedure''' requires the use of a public interpreter if the accused person is unable to express themselves in or understand the working language of the court. {{Highlight\|'''Articles 143 to 153''' provide for the necessary requirements of choosing and appointing public interpreters\|The context does not contain Articles 143 to 153, and instead provides information primarily from Articles 97 to 101, which discuss the roles and responsibilities of interpreters but do not mention the specific requirements for choosing and appointing them.}}.


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	'''The Right to Know the Content of the Case-File'''		{{Highlight\|'''The Right to Know the Content of the Case-File'''
	'''Article 135''' and '''Article 136''' of The Code of Criminal Procedure state that an accused person and parties in civil cases have the right, with their lawyer, to know the contents of their case file. They may request to read the contents of their case file at any time. '''Article 35''' states that upon release, a detainee has the right to have certain information contained in their case file.		'''Article 135''' and '''Article 136''' of The Code of Criminal Procedure state that an accused person and parties in civil cases have the right, with their lawyer, to know the contents of their case file\|Article 93 of The Code of Criminal Procedure states that the accused can have their lawyer access the case file, but it does not explicitly grant the accused the right to know the contents of their case file directly. The Magistrat Instructeur has discretion over how the case file is accessed.}}. They may request to read the contents of their case file at any time. '''Article 35''' states that upon release, a detainee has the right to have certain information contained in their case file.


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	'''Status and police functions'''		'''Status and police functions'''

	According to '''Article 3''' of the '''Code of Criminal Procedure''', judicial police officers are responsible for investigating the perpetrators of criminal offenses, gathering the indices at their charge and making them available to the public prosecutor. Judicial police officers, under the authority of the Public Prosecutor's Office, are tasked with carrying out any inquiry or supplementary investigation which is deemed necessary. '''Article 8''' and '''Article 6''' of the '''Code of Criminal Procedure''' state that judicial police officers must inform the Public Prosecutor of the crimes without delay.		According to '''Article 3''' of the '''Code of Criminal Procedure''', judicial police officers are responsible for investigating the perpetrators of criminal offenses, gathering the indices at their charge and making them available to the public prosecutor. Judicial police officers, under the authority of the Public Prosecutor's Office, are tasked with carrying out any inquiry or supplementary investigation which is deemed necessary. {{Highlight\|'''Article 8''' and '''Article 6''' of the '''Code of Criminal Procedure''' state that judicial police officers must inform the Public Prosecutor of the crimes without delay\|Article 11 states that the Officer of Police Judiciaire must inform the Officer of the Public Ministry without delay about the invitations made to the presumed author of the infraction, but it does not mention Article 8 specifically or require immediate notification of all crimes.}}.


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	(1) to choose a council; (2) communicate freely with him and in confidence; (3) to be assisted in the drafting of corrections and in the production of exculpatory evidence; (4) to be assisted by his or her counsel during investigative proceedings; (5) the right to remain silent in the absence of his Council. The accused and his counsel shall have the right to take cognizance if the record of the proceedings.		(1) to choose a council; (2) communicate freely with him and in confidence; (3) to be assisted in the drafting of corrections and in the production of exculpatory evidence; (4) to be assisted by his or her counsel during investigative proceedings; (5) the right to remain silent in the absence of his Council. The accused and his counsel shall have the right to take cognizance if the record of the proceedings.

	'''Article 96''' The civil party may be assisted by a counsel of his choice during the investigative proceedings. They are also entitled to access the file of their proceedings.		{{Highlight\|'''Article 96''' The civil party may be assisted by a counsel of his choice during the investigative proceedings\|Article 96 states that the counsel of the accused or the civil party can only speak during interrogations to request the Magistrate to ask a question. It does not explicitly state that the civil party may be assisted by a counsel of their choice during investigative proceedings.}}. They are also entitled to access the file of their proceedings.

	'''Article 143 and 144''' Any person who is legally required by a public prosecutor or by a judge is obliged to lend his expertise as an interpreter, translator or expert. These individuals are bound by the duty of confidentiality.		'''Article 143 and 144''' Any person who is legally required by a public prosecutor or by a judge is obliged to lend his expertise as an interpreter, translator or expert. These individuals are bound by the duty of confidentiality.
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	'''The rights of the accused during police custody'''		'''The rights of the accused during police custody'''

	Police custody is defined in '''Article 32''' of the '''Code of Criminal Procedure''' 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 verbal process. The police officer must ensures 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.		{{Highlight\|Police custody is defined in '''Article 32''' of the '''Code of Criminal Procedure''' 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\|The context does not mention Article 32 of the Code of Criminal Procedure. Instead, it discusses police custody in terms of 'garde à vue' (Articles 58-65) and 'rétention' (Article 57), which are defined under different articles. The definition of police custody as stated in the claim is not supported by the provided context.}}. In addition, police custody can only be carried out by a Judicial Police Officer who is clearly identified in a specified the verbal process. The police officer must ensures 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. Under Article 35 of the Code of Criminal Procedure, 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.		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. Under Article 35 of the Code of Criminal Procedure, 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.

← Older revision		Revision as of 09:36, 18 August 2020
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	Burundi is an African country located in the Great Lakes region and is one of the six member states of the East African Community (EAC). With a total area of 27,834 km, Burundi is one of the smallest countries in Africa. Landlocked, Burundi shares borders with Tanzania to the East, the Democratic Republic of the Congo to the West, and Rwanda to the North. Burundi contains Lake Tanganyika and other smaller lakes that dot the country. The overall population density compared to the area of the land (not including the lakes) is 435 inhabitants per km2 <ref> https://data.worldbank.org/indicator/EN.POP.DNST?locations=BI <ref>, which is concentrated mainly in the provinces of Gitega, Kayanza, Ngozi, Kirundo, and Muyinga, making Burundi one of the most populous African countries. Burundi officially recognizes three ethnic groups: Hutu (85% of the population), Tutsi (14% of the population), and Twa (1% of the population). The cohabitation of these three ethnic groups caused tensions to rise in the past but after the Arusha Accords were signed in 2000, a much more peaceful atmosphere has existed until the recent political crises crises.		Burundi is an African country located in the Great Lakes region and is one of the six member states of the East African Community (EAC). With a total area of 27,834 km, Burundi is one of the smallest countries in Africa. Landlocked, Burundi shares borders with Tanzania to the East, the Democratic Republic of the Congo to the West, and Rwanda to the North. Burundi contains Lake Tanganyika and other smaller lakes that dot the country. The overall population density compared to the area of the land (not including the lakes) is 435 inhabitants per km2 <ref> https://data.worldbank.org/indicator/EN.POP.DNST?locations=BI <ref>, which is concentrated mainly in the provinces of Gitega, Kayanza, Ngozi, Kirundo, and Muyinga, making Burundi one of the most populous African countries. Burundi officially recognizes three ethnic groups: Hutu (85% of the population), Tutsi (14% of the population), and Twa (1% of the population). The cohabitation of these three ethnic groups caused tensions to rise in the past but after the Arusha Accords were signed in 2000, a much more peaceful atmosphere has existed until the recent political crises crises.

	Historically, Burundi has experienced political crises and repeated civil wars between 1962 and 2008 that caused the deaths of more than 600,000 people. During the years of civil war following Burundi’s independence in 1962, Burundi struggled to grow economically, finally experiencing positive growth in 2005 at a rate of three to five percent. As emphasized by the World Bank, however, Burundi is still suffering the reverberations from previous wars, seeking to bandage wounds that have still not fully healed. Economic progress in Burundi is slowed by the high prices for food and oil, an energy deficit, inflation, excessive population growth, and a strong dependence on international financial aid. According to a 2019 MSN report using World Bank data, Burundi is the second poorest country in the world, behind the Central African Republic<ref> https://www.msn.com/en-us/money/markets/poorest-countries-in-the-world/ss-AADzihN#image=25</ref>		Historically, Burundi has experienced political crises and repeated civil wars between 1962 and 2008 that caused the deaths of more than 600,000 people. During the years of civil war following Burundi’s independence in 1962, Burundi struggled to grow economically, finally experiencing positive growth in 2005 at a rate of three to five percent. As emphasized by the World Bank, however, Burundi is still suffering the reverberations from previous wars, seeking to bandage wounds that have still not fully healed. Economic progress in Burundi is slowed by the high prices for food and oil, an energy deficit, inflation, excessive population growth, and a strong dependence on international financial aid. According to a 2019 MSN report using World Bank data, Burundi is the second poorest country in the world, behind the Central African Republic.<ref>https://www.msn.com/en-us/money/markets/poorest-countries-in-the-world/ss-AADzihN#image=25</ref>

	==National Sources of Law==		==National Sources of Law==
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	Burundi's '''Constitution''' recalls it's commitment and respect for the Universal Declaration of Human Rights of the 10 December 1948, the International Covenant on Economic, Social and Cultural Rights of the 16 December 1966, the African charter on Human and Peoples' Rights of the 18 June 1981, and the National Unity charter. Additionally, considering that relations between people characterised by peace, friendship and collaboration in accordance to the Charter of the United Nations of 26 June 1945; Burundi's commitment to the Africain Unity in accordance with the Charter of the organization of African Unity (OUA), later known as The African Union (AU), of 25 May 1963 is reaffirmed. Furthermore, Burundi has ratified a multitude of treaties related to human rights which are the following: <ref> http://www.arib.info/A_HRC_33_37_Unofficial%20translation_.pdf</ref> <ref>http://lib.ohchr.org/HRBodies/UPR/Documents/Session3/BI/A_HRC_WG6_3_BDI_1_Burundi_F.pdf</ref>		Burundi's '''Constitution''' recalls it's commitment and respect for the Universal Declaration of Human Rights of the 10 December 1948, the International Covenant on Economic, Social and Cultural Rights of the 16 December 1966, the African charter on Human and Peoples' Rights of the 18 June 1981, and the National Unity charter. Additionally, considering that relations between people characterised by peace, friendship and collaboration in accordance to the Charter of the United Nations of 26 June 1945; Burundi's commitment to the Africain Unity in accordance with the Charter of the organization of African Unity (OUA), later known as The African Union (AU), of 25 May 1963 is reaffirmed. Furthermore, Burundi has ratified a multitude of treaties related to human rights which are the following: <ref> http://www.arib.info/A_HRC_33_37_Unofficial%20translation_.pdf</ref> <ref>http://lib.ohchr.org/HRBodies/UPR/Documents/Session3/BI/A_HRC_WG6_3_BDI_1_Burundi_F.pdf</ref>

	'''- UDHR''' - Universal Declaration of Human Rights (1948) <ref>https://www.un.org/en/universal-declaration-human-rights/ <ref>		'''- UDHR''' - Universal Declaration of Human Rights (1948)<ref>https://www.un.org/en/universal-declaration-human-rights/</ref>

	'''- ICCPR''' - International Covenant on Civil and Political Rights (1990) <ref> https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&clang=_en <ref>		'''- ICCPR''' - International Covenant on Civil and Political Rights (1990) <ref> https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&clang=_en</ref>

	'''- ICESCR''' - International Covenant on Economic, Social and Cultural Rights (1990) <ref> https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx <ref>		'''- ICESCR''' - International Covenant on Economic, Social and Cultural Rights (1990) <ref>https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx </ref>

	'''- African Charter on Human and Peoples' Rights''' (1989) <ref> http://www.humanrights.se/wp-content/uploads/2012/01/African-Charter-on-Human-and-Peoples-Rights.pdf <ref>		'''- African Charter on Human and Peoples' Rights''' (1989) <ref>http://www.humanrights.se/wp-content/uploads/2012/01/African-Charter-on-Human-and-Peoples-Rights.pdf </ref>

	'''- Convention on the Prevention and Punishment of the Crime of Genocide''' (1996) <ref> https://www.ohchr.org/en/professionalinterest/pages/crimeofgenocide.aspx <ref>		'''- Convention on the Prevention and Punishment of the Crime of Genocide''' (1996) <ref>https://www.ohchr.org/en/professionalinterest/pages/crimeofgenocide.aspx </ref>

	'''- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment''' (1992) <ref> https://www.ohchr.org/en/professionalinterest/pages/cat.aspx <ref>		'''- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment''' (1992) <ref>https://www.ohchr.org/en/professionalinterest/pages/cat.aspx </ref>

	'''- Convention on the Rights of the Child''' (1997) <ref> https://www.ohchr.org/en/professionalinterest/pages/crc.aspx <ref>		'''- Convention on the Rights of the Child''' (1997) <ref>https://www.ohchr.org/en/professionalinterest/pages/crc.aspx</ref>

	'''- AU Convention Governing Specific Aspects of Refugee Problems in Africa''' (1975) <ref> https://au.int/en/treaties/oau-convention-governing-specific-aspects-refugee-problems-africa <ref>		'''- AU Convention Governing Specific Aspects of Refugee Problems in Africa''' (1975) <ref>https://au.int/en/treaties/oau-convention-governing-specific-aspects-refugee-problems-africa</ref>

	'''- Convention on the Political Rights of Women''' (1992) <ref> https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVI-1&chapter=16&lang=en <ref>		'''- Convention on the Political Rights of Women''' (1992) <ref>https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVI-1&chapter=16&lang=en</ref>

	'''- International Convention on the Elimination of All Forms of Racial Discrimination''' (1977) <ref> https://www.ohchr.org/en/professionalinterest/pages/cerd.aspx <ref>		'''- International Convention on the Elimination of All Forms of Racial Discrimination''' (1977) <ref> https://www.ohchr.org/en/professionalinterest/pages/cerd.aspx</ref>

	'''- Convention on the Elimination of All Forms of Discrimination against Women''' (1991) <ref> https://www.ohchr.org/en/professionalinterest/pages/cedaw.aspx <ref>		'''- Convention on the Elimination of All Forms of Discrimination against Women''' (1991) <ref>https://www.ohchr.org/en/professionalinterest/pages/cedaw.aspx </ref>

	'''-- International Convention for the Protection of All Persons from Enforced Disappearance''' (2007) <ref> https://www.ohchr.org/en/hrbodies/ced/pages/conventionced.aspx <ref>		'''-- International Convention for the Protection of All Persons from Enforced Disappearance''' (2007) <ref>https://www.ohchr.org/en/hrbodies/ced/pages/conventionced.aspx </ref>

	'''- Optional Protocol on the Rights of the Child on the involvement of children in armed conflict''' (2008) <ref> https://www.ohchr.org/en/professionalinterest/pages/opaccrc.aspx <ref> <ref> https://unchrd.org/index.php?option=com_content&view=article&id=119&Itemid=115 <ref>		'''- Optional Protocol on the Rights of the Child on the involvement of children in armed conflict''' (2008) <ref>https://www.ohchr.org/en/professionalinterest/pages/opaccrc.aspx <ref> <ref> https://unchrd.org/index.php?option=com_content&view=article&id=119&Itemid=115</ref>