Children in Burundi who find themselves in conflict with the law face serious abuses in a criminal justice system that treats them as adults, Human Rights Watch said in a report released today.
"Children are sometimes tortured to extract confessions, and most have no access to legal advice or representation," said Alison Des Forges, senior Africa advisor at Human Rights Watch. "Children are locked up alongside adults in overcrowded and miserable conditions for months or even years as they await trial."
The 62-page report, "Paying the Price: Violations of the Rights of Children in Detention in Burundi," documents the many types of human rights violations that children experience in pre-trial detention, in the investigation and prosecution of cases, and while in prison.
Based on interviews with more than 100 children as well as with prosecutors and prison staff, the report details cases of physical and sexual abuse of children by other inmates, shortages of food, poor sanitary conditions, and a total lack of any organized education inside the prisons. Human Rights Watch researchers conducted onsite visits to 10 of Burundi's 11 prisons.
At the end of 2006, there were more than 400 children between the ages of 13 and 18 in prison in Burundi, with numerous others held in communal holding cells and police lock-ups.
There is no juvenile justice system in Burundi. Under current laws, the age of criminal responsibility is 13. Minors between 13 and 18 years old found guilty of a crime benefit only from the reductions in sentences normally given to adults convicted of the same crime. There are currently no alternatives to incarceration for children and no services to help children once they are released from detention.
Burundi's parliament is considering proposed amendments to the criminal law that would improve the treatment of children in conflict with the law if they are passed, funded and fully implemented. The amendments would raise the age of criminal responsibility to 15 and would provide alternatives to incarceration.
"Burundi's parliament should amend the criminal law to improve protection for children's rights," said Des Forges. "Donor countries should help ensure that these reforms are implemented so that children are no longer treated as adults by Burundi's justice or prison systems."
Human Rights Watch called on the government of Burundi and donors working in the justice sector, such as DFID and the European Commission, to support a juvenile justice system based on international standards of the rights of the child. The system must prioritize rehabilitation, social reintegration and alternatives to incarceration.
Testimony from children in prison in Burundi
"Some adults are really mean to us here. The big criminals, you just have to stay away from them, if you can. Those who are on death row, they threaten us sometimes. They don't hurt us everyday, but they will hit you."
– Gaspar N., 15, accused of theft, Ruyigi prison, May 25, 2006
"The first time, I was in the shower, which was very small. An adult came in. He just forced himself on me. He was much bigger than me, so I couldn't do anything and I was in pain. I was too afraid and too ashamed to tell anyone, and he kept coming back to me. I never told anyone in the prison administration. I still have pain in my kidneys and in my stomach. I have diarrhea a lot."
– Adolph M., 17, accused of theft, Gitega prison, May 23, 2006
"Sleeping is very hard, as there are about 27 of us in the one room. Some of us have to sit up all night. There are no separate showers and toilets for us, the children. It's bad for the kids when the adults are in the bathrooms. I check to see who is in there before going to shower."
– Jean-Bosco S., 14, accused of theft, Ruyigi prison, May 25, 2006
"My problem here is that I feel very alone. I am lonely all the time. I come from far away; no one visits me. It has been a year since I have seen someone I know."
– Donatien C., 14, serving a 10-year sentence for rape, Gitega prison, May 23, 2006
