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