Rumonge 800 1177 288 9 863 17 Rutana 350 299 107 2 177 12 Ruyigi 300 591 216 6 353 16 Ruyigi 72 Centre Rumonge 72 Centre Total 4194 2 1 2 65 15 50 37 22 15 10051 4858 209 4625 244 37 2 6 65 6 2 1 33 40 Source : Ministry of Justice, Report of the Directorate General of Penitentiary Administration of 2016. ii. Children deprived of their liberty, including any form of détention, imprisonment or placement in child care facility and compliance with article 5 (3) of the Charter prohibiting the imposition of death penalty on children 176. The deprivation of liberty of children in conflict with the law must be a measure of last resort and for a period as short as possible. Similarly, a detained child must be provided with protection and education guarantees. That is why article 229 of Law No. 1/10 of 03 March 2013 revising the Code of Criminal Procedure provides: "Where the nature and gravity of the offense make the preventive detention of the minor inevitable, he can only be detained in a rehabilitation institutions or in a special section of a prison which is qualified for accommodating minors. In the absence of a rehabilitation institution or special ward, the minor may be detained in a prison for adults where the separation from adults is effective. " 177. With regard to custody and placement of the child, it should be noted that under article 226 of the above-mentioned law, only the judge may entrust custody of the minor to a foster family, a specialised institution a care centre, an institution for vocational training or care. 178. The minor's guardian or care institution is required to present him/her to the officer of the Public prosecutor whenever it is required. According to article 227 of the same law, the decision to detain a minor must be justified. It should specify the duration which will expire no later than the date of judgment. Where the minor's interest so requires, the custody order may be reviewed or revoked at any time. 179. With regard to death penalty for children, it is important to note that, under Law No. 1/5 of 22 April 2009 on the Revision of the Penal Code, death penalty has been abolished even for adults. Moreover, under article 29 of the same Law, a child can not be imposed a criminal sentenced of more than ten years imprisonment. iii. Reform, family reintégration and social rehabilitation 180. In order to translate the Sectoral Policy on Justice and the Rule of Law into reality, Burundi has put in place a humanised criminal justice system, integrating workers into the criminal justice system with the aim of taking care of the victims and monitoring the minor from his/her arrest but also, prepare his/her reintegration from his/her stay in the rehabilitation centres until his/her effective reintegration into his/her community. 41

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