Three senior officials from the Presidency have been imprisoned at Mpimba Central Prison since Sunday, January 12, 2025. They are accused of unlawfully releasing prisoners who were not eligible for presidential clemency. The officials had been dismissed on January 9 from the Commission responsible for implementing the presidential pardon.

The public is now questioning how such an oversight occurred. Meanwhile, civil society organizations are urging authorities to re-arrest the unlawfully freed prisoners to prevent potential mob justice.

The Accused Officials

The detained officials include Jean-Baptiste Baribonekeza, head of the Legal Affairs and Governance Office at the Presidency and former chairman of the Independent National Commission on Human Rights (CNIDH) from April 2015 to April 2019. He was leading the commission responsible for the presidential clemency program.

Also implicated are Cyrille Sibomana, former head of the legal monitoring and legislative drafting department, and Arcade Harerimana, former Permanent Secretary at the Ministry of Justice. Before joining the commission, Harerimana served as a legal advisor overseeing state litigation.

The Dismissal and Its Context

A presidential decree issued on January 9 stated that the officials were dismissed for "betrayal," as they released criminals who were not on the official list for presidential clemency, thereby tarnishing the reputation of the country's highest authority.

This action followed growing criticism from prisoner rights activists and the media, who reported numerous irregularities in the commission’s work.

A case that drew significant attention involved Fidèle Niyukuri, a teacher at Kajondi Fundamental School in Bururi province. He had been convicted of grievous bodily harm leading to the death of his student, Kévin Iranzi, and was sentenced to five years in prison. His appeal was scheduled for December 14, 2024, yet he was released on that same day.

Startling Statistics

Prisoner rights groups, such as Aluchoto, highlighted serious flaws in the commission’s work. According to Aluchoto, of the 5,442 prisoners set to benefit from the presidential pardon, 4,011 were released, while 1,431 remained incarcerated.

The organization further revealed that around 30 individuals convicted of rape or murder were freed in various provinces: 3 in Gitega, 7 in Rumonge, 11 in Bururi, and 7 in Bubanza. However, 255 prisoners who had either completed their sentences or were officially pardoned remained in detention.

Judicial sources confirmed these discrepancies. Documents obtained by Iwacu detailed specific cases of ineligible prisoners being released from Bururi prison. The data revealed alarming inconsistencies, with individuals convicted of serious crimes such as rape, murder, and infanticide among those freed.

Irregular Cases in Bururi Prison

Beyond the case of Fidèle Niyukuri, several other irregular releases were noted. For instance, Pascal Ndikumana, convicted of grievous bodily harm resulting in death and sentenced to ten years, was freed on December 14, 2024.

Others convicted of rape, such as Emile Ntakirutimana (15 years), Serges Ngezahayo (15 years), and Ernest Nizigiyimana (10 years), were also released the same day.

Cases of infanticide were also reported, including Joliviette Niyera, who was sentenced to 20 years, Justine Kubwimana (10 years), and Chantal Niyonsenga (15 years). They were all released on December 13, 2024.

Additionally, inconsistencies were found in cases involving co-defendants. In one instance, Gaston Bigirimana remained in prison while his co-accused, Denis Nkunzimana and Grégoire Ngenzebuhoro, were freed.

A similar situation occurred in another case where Dieudonné stayed incarcerated while his co-accused, Dieudonné Karorero and Anatole Bigirimana, were released. Such irregularities raise concerns about the criteria used for these decisions.

Presidential Clemency Criteria

President Evariste Ndayishimiye had explicitly outlined the criteria for the clemency program. During its launch in Muramvya on November 14, 2024, he stated that priority would be given to those who committed minor offenses, had served at least a quarter of their sentence, or fell into vulnerable categories, such as pregnant or nursing women, physically or mentally disabled individuals, chronically ill prisoners, and the elderly.

Additionally, prisoners who had served their main sentence but were still held due to financial penalties were also included.

However, the clemency program explicitly excluded individuals convicted of serious crimes such as murder, rape, genocide, or crimes against national security.

What Happens Next?

Aluchoto’s president, Vianney Ndayisaba, insists that the three officials responsible for the illegal releases must be prosecuted. Furthermore, he demands that all unlawfully released prisoners be rearrested to serve their full sentences. Failure to do so, he warns, could pose a significant security threat.

Ndayisaba argues that these freed individuals may intimidate and threaten victims' families, potentially creating an atmosphere of impunity. He fears that if justice is perceived as selective, it could provoke public outrage, leading to acts of mob justice and a dangerous cycle of violence and retribution.

To rectify the situation, he recommends forming an independent commission to re-examine the case, ensuring that those improperly freed are identified and those unjustly detained are released.

With public trust in the justice system at stake, authorities now face mounting pressure to take corrective action.