Browsing by Author "Ntahompagaze, Arnaud"

Now showing 1 - 1 of 1
  • Thumbnail Image
    Item
    Upholding the right to fair trial within the EAC: a case study of Burundian criminal justice system.
    (University of Dar es Salaam, 2018) Ntahompagaze, Arnaud
    This study examines barriers to the right to fair trial in the East African Community focusing on the criminal justice system in Burundi. The study proceeded with an assumption that the Criminal Justice system in Burundi encounters several constraints which undermine the realisation of the right to fair trial. The study concludes that several challenges hinder the right to fair trial due to existing gaps between law and practice. These challenges are tied to lack of independence and impartiality of the judicial system which results from lack of effective separation of powers. The lack of national institutions in charge of legal aid is equally a major constraint to according effective representation to criminal defendants in Burundi. This study recommends that the Constitution of Burundi should be amended in order to ensure security of tenure for Judges, effective separation of powers and independence of Judiciary. The study also recommends establishment of a national legal aid scheme in order to ensure the effective representation of indigents and vulnerable people who represent a high number of the population in Burundi. Further establishment of national fund to subsidize Non-Governmental Organizations (NGOs) which provide legal aid is also recommended. This will help to revamp legal aid programs which have suffered and continue to suffer for lack of funds. The study further recommends that the Government should establish a national institution in charge of recruiting the Judicial staff and therefore improve their technical and capacity skills.