21 broken the Penal Law. The CRC establishes that « children deprived of their liberty have the right to have rapid access to legal assistance or to any other appropriate assistance ». Burundi is obligated to ensure respect for this right for each child, and not only for those who have the means to pay for this assistance. It is for this reason that there are SOS children’s villages, the Government’s « Sun Children » project and several Associations working in the defence of the rights of destitute children. Article 40 of the Constitution stipulates that: « Any individual accused of a tortuous act is presumed innocent until his guilt has been proven in a public hearing during which all the guarantees necessary for his free defence have been provided for him ». Any individual accused of having committed a criminal offence is presumed innocent until proven guilty. On account of the presumption of innocence, which is indispensable for the protection of human rights, the onus of producing evidence is incumbent on the charge, and no one can be presumed guilty so long as the charge has not been established beyond reasonable doubt; the accused has the benefit of the doubt and any person accused of having committed a criminal offence has the right of being treated according to this principle. It is imperative to systematically refer to the principle of presumption of innocence. Therefore in all the Articles relative to indictment, or more generally to a legal proceedings, it is vital to refer to the presumption of innocence. In most cases, the presumption should figure in the published Article, either clearly or through allusive formulations (use of the conditional tense, quotation of accusing sources, unproven elements which provide openings for the defence, for instance: « the accused is suspected of having .... », « he is accused of ... », « he will have to answer to the charge of ... », « for the defence the charge has no basis» etc. 2. The Burundi Constitution, in its Article 39, paragraphs 3 and 4, stipulates that: « The right to defence is guaranteed before all the Courts. No one may be diverted from the Judge assigned to him by law against his will ». 2 The Laws on the Media in Burundi, 2004, page 45.