22 In Burundi, any person accused of a criminal offence has the right to be informed of the nature and grounds of the charge being made against him in the shortest possible time, in detail and in a language that he understands. Article 38 of the Burundi Constitution stipulates that: « Every individual has the right, during legal or administrative proceedings, to have a fair hearing and to be judged within a reasonable timeframe ». Any individual arrested or detained for reasons of criminal misdemeanour shall be brought in the shortest possible time before a Judge or another Authority empowered by law to exercise judicial office, and should be judged within a reasonable time limit or released. The detention of persons who are waiting to be judged should not be the rule but their release should be dependent on guarantees which will ascertain the appearance of the individual concerned at the hearing, and at all the other civil processes and, if need be, at the delivery of the ruling. Article 41 of the 2005 Constitution stipulates that: « No one may be condemned for acts or omission which, at the time they were committed did not constitute an offence. Likewise, a penalty greater than that which was applicable at the time the offence was committed cannot be inflicted ». Even the Burundian Criminal Code underscores in its Article 4, paragraph 1 that: « No offence may be punished where it does not figure among the offences set out by law before the offence was committed». Article 8: The Right to the Freedom of Conscience and of Religion « The freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be subjected to measures restricting the exercise of these freedoms». Every individual has the right to the freedom of thought, of conscience and of religion; or of a conviction of his choice, and the freedom to express his religion or his conviction, individually or collectively, in public and in private, through worship and the performance of rituals, through practice and education. No one shall be subjected to restrictions which may violate his freedom to have or to adopt a religion or conviction of his choice. The freedom to express his religion or his convictions can only be subjected to the restrictions set out by law and which are necessary for the maintenance of security,