ii. Drug abuse 195. Article 489 of the Burundian Criminal Code of 2009 defines narcotics as "substances or plants classified as such under the provisions of the Ordinance of the Minister responsible for public health". Except in the cases and conditions determined by order of the Minister, the cultivation, sale, transport, possession and consumption of narcotics is prohibited, and the perpetrators are criminally punishable (sections 490 and 491 of the same Code). 196. The law criminalises anyone who has illegally produced, imported, manufactured or exported narcotics (Article 492), the facilitation of others to use narcotics (Article 493 (1)), the holders / users of fictitious or illegal prescriptions of convenience for the use of prohibited products (paragraph 3 of Article 493), provocation to commit the offense (Article 495, 1 °). 197. The judicial penalties provided for are imprisonment, the penalty of fine (article 492 to 495), the confiscation of the material and the installation used to commit the offense, the confiscation of the products which are the subject of the offense, the destruction doping products (Article 496), and the judge may make socio-judicial follow-up (Article 497). However, these penalties may be cumulative. 198. Despite the intervention of the legislator, the narcotics phenomenon is growing. The legal system put in place for the repression of the phenomenon does not succeed in curbing it. Children are the most threatened section of the population, and the fight against the scourge remains one of the main concerns of the Burundian authorities. 199. There is little reliable information on cases of abuse of narcotics by Burundian children; the related statistical data are not available. Specific prevention programmes specifically targeting child victims of doping products are not sufficiently developed. As a result, children living on the streets who use drugs and / or alcohol are increasingly growing in number. 200. In order to deal with this problem, the Government has set up prevention and repression bodies through the police and the judiciary. A drug control unit has been set up within the judicial police. iii. Abuse and torture 201. In order to safeguard the interest of the Burundian child, the law prohibits the abuse of parental authority or the abusive exercise of guardianship. The legal prohibition naturally involves judicial sanctions. 202. Article 298 (a) and (b) of the Code of Persons and the Family provides that the court may notably deprive the father or mother of parental authority over their child in case of abuse of authority or when the father or the mother are committing child abuse. If the deprivation is imposed with regard to the 2 parents, the judge will appoint a guardian according to the conditions fixed by the law. 44

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