Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings
Unknown assailants, but assumed to belong in some capacity to violent extremist organizations, waged attacks on security forces throughout the year. These included attacks on law enforcement, military, customs, and park ranger outposts, patrols, and the use of improvised explosive devices (IEDs) detonated under security vehicles. On March 2, in downtown Ouagadougou, terrorist organization Jama’at Nasr al-Islam wal Muslimin (JNIM) attacked National Army Headquarters and the French embassy, killing eight security personnel. Between August and October, dozens of Burkinabe, including three civilians, died in attacks conducted in the Est Region.
There were no reports of disappearances by or on behalf of government authorities.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit such practices; in 2014 the National Assembly adopted a law to define and prohibit torture and all related practices.
On February 19, a provincial director of the national police, Alexandres Kawasse, assaulted an 11-year-old girl at his residence. His subordinates reported him, resulting in his arrest on February 23. Authorities relieved him of his duties and charged him with assault on a minor; a judicial police investigation was ongoing at year’s end.
Prison and Detention Center Conditions
Conditions in prisons and detention facilities were harsh and at times life threatening due to overcrowding and inadequate sanitary conditions and medical care.
Physical Conditions: Authorities held pretrial detainees with convicted prisoners. Female prisoners had better conditions than those of men, in large part due to less crowding. Prisoners received two meals a day, but diets were inadequate, and inmates often relied on supplemental food from relatives. In some prisons overcrowding or severe overcrowding exacerbated inadequate ventilation, although some cells had electricity and some inmates had fans. Sanitation was rudimentary.
According to prison administration officials and medical staff, no prisoner deaths occurred during the year at the Central Prison in Ouagadougou (MACO) or the High Security Prison in Ouagadougou.
There were no appropriate facilities or installations for prisoners or detainees with disabilities, who relied on other inmates for assistance.
A human rights nongovernmental organization (NGO) reported that prison guards at the MACO occasionally used excessive physical force, inflicting injuries on prisoners.
Food, potable water, sanitation, heating, ventilation, lighting, and medical care were inadequate in the majority of detention facilities across the country. Tuberculosis, HIV, AIDS, and malaria were the most common health problems among prisoners. For example, at the High Security Prison, there were three nurses employed to treat 673 detainees and prisoners, with no doctor present on site but available on an on-call basis. Detention conditions were better for wealthy or influential citizens, or detainees considered nonviolent.
Local media regularly reported on cases of detainees who had spent more than one year without trial.
Administration: There were no reports that authorities failed to investigate credible allegations of inhuman prison conditions.
Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. Prison authorities regularly granted permission to representatives of local and international human rights groups, media, foreign embassies, and the International Committee of the Red Cross to visit prisons without advance notice.
Improvements: In November 2017 the Ministry of Justice, Human Rights, and Civic Promotion sent a team to assess prison conditions and interview detainees, convicted prisoners, and prison guards in 95 percent of the country’s prisons and detention centers. Throughout the year the government funded an awareness and training campaign for prison administration staff. To address overcrowding, the government funded a building expansion at the prison in Bobo-Dioulasso. As of October, however, there was no evidence that these measures effectively reduced overcrowding. During the year the ministry also appointed a special advisor for gender and vulnerable populations in prisons.
To improve detention conditions, improve prisoner health, and facilitate social reintegration of prisoners, the Ministry of Justice, Human Rights, and Civic Promotion launched a three-year prison reform project with EU support. Prison administration officials allowed NGOs and religious organizations regular access to prisoners to provide supplementary psychological and medical care.
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention and provide for the right of persons to challenge the lawfulness of their arrest or detention in court. Arbitrary arrests occurred, and judicial corruption and inadequate staffing of the judiciary deterred detainees from challenging the lawfulness of their arrest in court.
ROLE OF THE POLICE AND SECURITY APPARATUS
The Ministry of Internal Security and the Ministry of Defense are responsible for internal security. The Ministry of Internal Security includes the National Police and the gendarmerie. The army, which operates within the Ministry of Defense, is responsible for external security but sometimes assists with missions related to domestic security. Use of excessive force, corruption, widespread impunity, and lack of training contributed to police ineffectiveness. The government announced some investigations were in progress, and others had resulted in prosecutions. Inadequate resources also impeded police effectiveness.
The Military Justice Administration examines all cases involving killings by military personnel or gendarmes to determine whether they occurred in the line of duty or were otherwise justifiable. The administration refers cases deemed outside the line of duty or unjustifiable to civilian courts. Civilian courts automatically handle killings involving police. The gendarmerie is responsible for investigating abuse by police and gendarmes, but it rarely made public the results of its investigations.
NGOs and the Ministry of Justice, Human Rights, and Civic Promotion conducted numerous training activities on human rights for security forces throughout the year.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
By law police and gendarmes must possess a court-issued warrant based on sufficient evidence before apprehending a person suspected of committing a crime, but authorities did not always follow these procedures. Authorities did not consistently inform detainees of charges against them. By law detainees have the right to expeditious arraignment, bail, access to legal counsel, and, if indigent, access to a lawyer provided by the government after being charged. A judge may order temporary release without bail pending trial. Authorities seldom respected these rights. The law does not provide detainees access to family members, although authorities generally allowed detainees such access through court-issued authorizations.
The law limits detention without charge for investigative purposes to a maximum of 72 hours, renewable for a single 48-hour period. In terrorism investigations, the law allows detention for a 10-day period. In cases not related to terrorism, police rarely observed the law, and the average time of detention without charge (preventive detention) was one week. Once authorities charge a suspect, the law permits judges to impose an unlimited number of consecutive six-month preventive detention periods while the prosecutor investigates charges. Authorities often detained defendants without access to legal counsel for weeks, months, or even years before the defendant appeared before a magistrate. There were instances in which authorities detained suspects incommunicado.
Arbitrary Arrest: On August 29, elite security forces arrested political and web activist Safiatou Lopez, an outspoken critic of the government, without a warrant, encircling her house at nightfall and flying an intelligence drone overhead. Without presenting any evidence, authorities charged her with an attempt to “destabilize the state.” At year’s end she remained in detention.
Pretrial Detention: Authorities estimated 46 percent of prisoners nationwide were in pretrial status. In some cases authorities held detainees without charge or trial for longer periods than the maximum sentence for conviction of the alleged offense. A pretrial release (release on bail) system exists, although the extent of its use was unknown.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The law provides persons arrested or detained the right to challenge in court the legal basis or arbitrary nature of their detention. Prisoners who did so, however, reportedly faced difficulties due to either judicial corruption or inadequate staffing of the judiciary.
e. Denial of Fair Public Trial
The constitution and law provide for an independent judiciary, but the judiciary was corrupt, inefficient, and subject to executive influence, according to NGOs. There were no instances in which the trial outcomes appeared predetermined, and authorities respected court orders. Legal codes remained outdated, there were not enough courts, and legal costs were excessive. Citizens’ poor knowledge of their rights further weakened their ability to obtain justice.
Military courts try cases involving military personnel charged with violating the military code of conduct. Rights provided in military courts are equivalent to those in civil criminal courts. Military courts are headed by a civilian judge, hold public trials, and publish verdicts in the local press.
The law presumes defendants are innocent. Defendants have the right to be promptly informed and in detail of the charges, with free assistance of an interpreter. Trials are public but may be delayed. Judicial authorities use juries only in criminal cases. Defendants have the right to be present at their trials and to legal representation, consultation, and adequate time and facilities to prepare a defense. Defendants have the right to provide evidence. Defendants have the right not to be compelled to testify or confess guilt, but a refusal to testify often resulted in harsher decisions. Defendants may challenge and present witnesses, and they have the right of appeal. In civil cases where the defendant is destitute and files an appeal, the state provides a court-appointed lawyer. In criminal cases court-appointed lawyers are mandatory for those who cannot afford one. The law extends these rights to all defendants, but the government did not always respect these rights, due in part to popular ignorance of the law and a continuing shortage of magistrates and court-appointed lawyers.
The Ministry of Justice, Human Rights, and Civic Promotion claimed courts usually tried cases within three months, although human rights organizations reported major case backlogs. The 2011 “processing of criminal penalties in real time” reform to shorten pretrial detention allows the prosecutor and investigators (police and gendarmerie) to process a case prior to the criminal hearing. This countrywide approach allows authorities to inform defendants of the charges and trial date before authorities release them pending trial.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees during the year, although some arrests and detentions may have been politically motivated.
In December 2017 security forces arrested and detained Colonel Auguste Denise Barry on charges of “conspiracy to destabilize the state,” although the government did not provide any evidence to justify his arrest. On August 29, authorities provisionally released him without a trial.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
There is an independent judiciary in civil matters, but it was often inefficient, corrupt, and subject to executive influence. As a result, citizens sometimes preferred to rely on the Office of the Ombudsman (see section 5, Government Human Rights Bodies) to settle disputes with the government.
The law provides for access to a court to file lawsuits seeking damages for, or cessation of, a human rights violation, and both administrative and judicial remedies were available for alleged wrongs. Victims of human rights violations may appeal directly to the Economic Community of West African States (ECOWAS) Court of Justice, even before going through national courts. For civil and commercial disputes, authorities may refer cases to the ECOWAS Common Court of Justice and Arbitration in Abidjan, Cote d’Ivoire. The courts issued several such orders during the year.
There were problems enforcing court orders in sensitive cases involving national security, wealthy or influential persons, and government officials.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The constitution and law prohibit such actions, and the government generally respected these prohibitions. In cases of national security, however, the law permits surveillance, searches, and monitoring of telephones and private correspondence without a warrant.