Burkino-Faso Assessment

1. FAIR JUSTICE

1.1 Judicial System.
The constitution and law provide for an independent judiciary; however, the judiciary was subject to executive influence and was corrupt and inefficient. Systemic weaknesses in the justice system included the removability of judges, corruption of magistrates, outdated legal codes, an insufficient number of courts, a lack of financial and human resources, and excessive legal costs.²

(see also 1.1 Human Rights or 1.1 Recommendations)


1.2 Legal assistance to persons living in poverty.
The state finds attorneys for the accused, who must appear before the criminal court. The lawyers are paid by the defendant and not by the court.[i]

The average time of detention without charge (preventive detention) was one week; however, the law permits judges to impose an unlimited number of six-month preventive detention periods, and defendants without access to legal counsel were often detained for weeks or months before appearing before a magistrate. Government officials estimated that 23 percent of prisoners nationwide were in pretrial status. In some cases detainees were held without charge or trial for longer periods than the maximum sentence they would have received if convicted of the alleged.²

(see also 1.2 Human Rights or 1.2 Recommendations)


1.3 Justice for women and juveniles.
Rape is a crime; however, the law was not enforced, and rape occurred frequently. There is no explicit discussion of spousal rape in the law, and there were no recent court cases. There were organizations that counseled rape victims, including Catholic and Protestant missions, the Association of Women Jurists in Burkina, the MBDHP, the Association of Women, and Promofemmes, a regional network that worked to combat violence against women.

Domestic violence against women, especially wife beating, occurred frequently, primarily in rural areas. No law specifically protects women from domestic violence, and cases of wife beating usually were handled out of court. The Ministry for Promotion of Women, the Ministry for Social Action and National Solidarity, and several NGOs cooperated in an effort to protect women's rights. The Ministry for the Promotion of Women has a legal affairs section to inform women about their rights and encourage them to defend these. ²

Children from poor families relied on prostitution to meet their daily needs, including food and, at times, to help their needy parents at home. Trafficked children, primarily Nigerian nationals, were also subject to sexual abuse and forced prostitution.²

On May 15, the government passed a new anti-trafficking law that punishes trafficking in adults as well as children for sexual, labor, and other related practices. The new law increases maximum prison terms for traffickers from five to 10 years and allows terms as high as 20 years or life imprisonment under certain conditions. The law also prohibits slavery, inhumane treatment, mistreatment of children and adults, kidnapping, and violence.²

The country was a source, transit, and destination country for children and women trafficked for forced agricultural labor and commercial sexual exploitation, forced labor in gold mines and stone quarries, and forced domestic servitude. Internal trafficking of children was also a problem. Burkinabe children were trafficked primarily to Cote d'Ivoire, as well as to Mali, Benin, Nigeria, Togo, Ghana, and Niger. Children were also trafficked from these West African countries to Burkina Faso. To a lesser extent, Burkinabe women were trafficked to Europe for sexual exploitation. Women were believed to have been trafficked to the country from Nigeria, Togo, Benin, and Niger for domestic servitude, forced labor in restaurants, and sexual exploitation. The country was a transit point for trafficked children, notably from Mali to Cote d'Ivoire.²

The government worked with international donors and the International Labor Organization to address child trafficking, in part by organizing seminars on child trafficking for customs officers. During the year security services and civil society groups organized similar workshops and seminars. The government also organized several training sessions for watch committee members. Over several years, the government has established 142 watch committees in 12 of the 13 regions in which child trafficking and child labor were problems. The watch committees included representatives of industries usually implicated in child labor (cotton growers, for example), the police, gendarmerie, magistrates, NGOs, and social welfare agencies. The government also worked with international and domestic NGOs in the fight against trafficking.²

They are considered adults at the age of 18 years, which is set as the age of criminal majority. There are not yet any juvenile prisons in Burkina Faso. But there are, in all prisons, separate quarters for minors.¹

(see also 1.3 Human Rights or 1.3 Recommendations)

1.4 Unfair treatment by discrimination.
By law, no discrimination should be based on considerations of race, language, religion, nationality or political opinions.¹

 (see also 1.4 Human Rights)

1.5 Arbitrary or severe penalties.
There is the death penalty, and now there are 4 persons who are sentenced to death here in Burkina Faso.  None has been executed, and for at least 30 years, there has not been one execution.¹

(see also 1.5 Human Rights)

2.PRISON SYSTEMS BASICS.
(see also 2.0 Recommendations)

2.1 Structure and alternatives.
There are alternatives to imprisonment such as suspension, fines, and community service.¹

(see also 2.1 Human Rights or 2.1 Recommendations)


2.2 Physical space and separations.
The separation of inmates is done here by sex, age, reason for the deprivation of liberty and considerations relating to internal security.¹
Pretrial detainees usually were held with convicted prisoners.²

(see also 2.2 Human Rights or 2.2 Recommendations)


2.3 Pretrial services and process.
Prisoners are detained in prisons which are designed for this purpose.¹

(see also 2.3 Human Rights or 2.3 Recommendations)


2.4 Standards.
There is a law that governs the prison system, and internal rules exist in all prisons.¹
There are associations for the defense of human rights, which visit prisons and report to governments.¹

(see also 2.4 Human Rights or 2.4 Recommendations)

3.PROTECTION OF INCARCERATED PERSONS
                                                                                                                                                                                                         
3.1 Grievances.
Rules are applied in all prisons. Prisoners may complain either to the central administration of correctional services or in court.¹

(see also 3.1 Human Rights or 3.1 Recommendations)


3.2 Abuse of incarcerated persons.
The prisoners are not subject to threats or collective punishment. Cruel, inhuman or degrading treatment in general is prohibited. The signing of the Optional Protocol to the Convention against Torture is in progress.¹

Prison conditions were harsh and could be life threatening. Although the constitution and law prohibit such practices, members of the security forces continued to abuse persons with impunity, and suspects were frequently subjected to beatings, threats, and occasionally torture, to extract confessions. [ii]

(see also 3.2 Human Rights or 3.2 Recommendations)

3.3 Sexual security.
Here, there is no possibility of sexual abuse of female detainees since women are guarded by female security officers.¹

(see also 3.3 Recommendations)


3.4 Correctional Officers.
There is one prison whose staff is recruited by the state, trained on human rights, the discipline of their function, the use of weapons, and the use of force.¹

(see also 3.4 Human Rights or 3.4 Recommendations)


4. HEALTH SERVICES FOR INCARCERATED PERSONS

4.1 Health Care.
Most of the prisons have a hospital to provide primary health care to prisoners. In case of emergency or a serious case, they are discharged into public hospitals. But the effort of the state remains inadequate because of overcrowding in prisons, and they often are so powerless in cases of terrible suffering. A few organizations (NGOs), such as CURE, provide support in prisons through various donations such as medicines or help for care, but because of overcrowding, it remains insufficient. Since health facilities are overcrowded, of course, it raises problems of hygiene and health.¹

Prisons were overcrowded, and medical care and sanitation were poor. Prison diet was inadequate, and inmates often relied on supplemental food from relatives. ²

(see also 4.1 Human Rights or 4.1 Recommendations)

4.2 Women-Care.
This same treatment is applied to women in prisons, which are the standards in primary health care at the infirmary; and in case of aggravation, the women are transferred to hospitals.¹

(see also 4.2 Human Rights)

4.3 Mental Illness.
Prisoners in state of insanity can not be kept in a prison.¹

(see also 4.3 Human Rights)

5. RESTORATIVE PRACTICES

5.1 Rehabilitation Programs.
These programs exist and revolve around work, education, sports, literacy, and vocational training. But these programs are inadequate in the light of the high demand which is linked to prison overcrowding. Parole is obviously based on rehabilitation efforts.¹

(see also 5.1 Human Rights or 5.1 Recommendations)

5.2 Reentry Programs.
Family support exists and can take various forms (feeding, care, education, permission). We find that most of the prisoners are abandoned by their families, and these families generally give as the reason, the extreme poverty.

The job placement measures on parole exist; it allows the early release of prisoners to engage in work which may be gainful or not.¹

(see also 5.2 Human Rights or 5.2 Recommendations)

6. SOCIAL RIGHTS OF INCARCERATED PERSONS

6.1 Voting.
All detainees have a right to vote except those whose conviction carries forfeiture of their civil rights.¹
(see also 6.1 Human Rights)


6.2 Visitation.
Prisoners may be visited by their parents, friends, lawyers and prison stakeholders and associations in defense of human rights. Mail and telephone services exist for families.¹

Prison authorities generally granted permission to visit prisons and did not require advance permission. There were no reports during the year of prison visits by international organizations; however, during the year members of local nongovernmental organizations (NGOs), foreign embassies, and the press visited.²

(see also 6.2 Human Rights or 6.2 Recommendations)