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As example, according to Article 115, « when the Institutions of the Republic, the independence of the
Nation, the territorial integrity or the execution of its international obligations are seriously and
urgently threatened, and the normal functioning of the Public Service is interrupted, the President of
the Republic can declare a state of emergency by Decree-Law, and take all the measures required
under such circumstances, after official consultation with the Government, with the Bureaux of the
National Assembly and of the Senate, of the National Security Council and the Constitutional Court».
6. The suspension or the abolition of the Death Penalty
In conformity with Article 44 of the Criminal Code of 22 April 2009, the death penalty has been
abolished in Burundi; it is therefore a situation of Law. It no longer figures on the list of the penalties
set out.
7. The duration of custody in remand
Its duration is 30 days renewable by judicial order, but according to Article 75 of the Criminal
Procedure Code it cannot exceed one year depending on the offences for which the individual is
being charged. The duration of the detention in remand is 7 days, renewable only once.
8. The Institution of Ubushingantahe
The Institution of Ubushingantahe is a traditional social institution used for the settlement of social
conflicts. Up to very recently its composition was reserved to men only. These represent a group of
individuals judged to be of high integrity in the Community and who are recognized and voted as
such during an official Community ceremony. Today with the currents of institutional
democratization and gender equality, this Institution is becoming increasingly modern and women
are also accepted within the Group, on the basis of equality.
9. The exercise of the Right to Culture
In 1996 the Government of Burundi created a « social and cultural fund » (2F per beer consumed) for
participation in the Atlanta Games. It should be noted that this was the first time Burundi was
participating in the Olympic Games and also the very first time that the country obtained a gold
medal for the 5000m. While funds were available it was possible to promote cultural activities
alongside the sporting activities. Today, cultural activities are no longer financed from this Fund and
since 2004 the entire cultural sector is not financed. Nonetheless the Ministry of Youth, Sports and