20 Whosoever is deprived of his liberty through arrest or detention has the right to bring an appeal before the Court so that the latter can immediately make a ruling on the legality of his detention and give instructions for his release if the detention is illegal. Every individual who is a victim of illegal arrest or detention has a right to redress. Likewise, Article 23 of the Constitution stipulates that: « No one shall be treated arbitrarily by the State or by its Institutions. The State has obligation to compensate any individual who is victim of arbitrary treatment on its account or on account of its Institutions ». The duration of temporary detention is 14 days. However due to the serious shortage of JPOs, the duration of temporary detention is not respected. It can be exceeded and the jails are sometimes overcrowded. Article 7: The Right to a Fair Hearing «1. Every individual has the right to have his cause heard. This right comprises: a. the right to seize the competent national Courts about any act violating his fundamental rights as recognized and guaranteed by the Conventions, Laws, Regulations and Customs in force; b. the right to be presumed innocent until proven guilty by a competent Court or Tribunal; c. the right to defence, including the right to be defended by a Counsel of his choice; d. the right to be tried within a reasonable timeframe by an impartial Court or Tribunal. 2. No one may be condemned for an act or an omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender». Article 39 of this Constitution stipulates that: « No one shall be deprived of his liberty except in conformity with the law. No one may be charged detained or judged except in cases determined by the law promulgated prior to the commission of the offences for which he is being charged ». The right of each individual to have his cause heard fairly and publicly by a competent, independent and impartial Court or Tribunal established by the law is guaranteed. In Burundian law, there is no provision setting out the appointment of Counsels by a Court despite the fact that Burundi has ratified the International Convention on Civil and Political Rights (PIDCP) which requires access to the free assistance of a Counsel for those who cannot afford it. The International Conventions compel Burundi to provide legal assistance to children accused of having

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