GITEGA (BURUNDI)
La Croix International [Montrouge Cedex, France]
October 18, 2024
By Guy Aimé Eblotié
After accusing a priest of sexually abusing minors, Émilienne Sibomana has been imprisoned in Burundi for false accusations. Despite being acquitted in July, she remains in prison, in violation of her country’s legal procedures, according to her lawyers.
Acquitted but still imprisoned—that is the fate of Émilienne Sibomana, a Burundian woman who has been behind bars for nearly two years for false accusations after she accused a priest, who was also a school principal, of sexually abusing minors in the Archdiocese of Gitega, located in Burundi’s second-largest city with the same name.
The case began in January 2023. According to the appeal decision, which La Croix International obtained, Émilienne Sibomana, a secretary at a high school, accused the school’s principal during a public meeting of sexually assaulting some female students in his office. The day after the meeting, she was arrested and imprisoned for making false accusations.
La Croix International has confirmed that on the day of Sibomana’s arrest, Archbishop Bonaventure Nahimana of Gitega appointed three priests to investigate “the truth or falsehood of the allegations against the school principal.” The investigation was conducted in just one day. The next day, the commission members submitted their report to the archbishop, recommending that the inquiry be closed. The archbishop complied, stating in his decree that “there was no need to initiate a criminal trial” against the accused priest.
Regarding Sibomana, the Burundian justice system initially found her guilty of false accusations. The decision was based on three investigation reports (conducted by the diocese, the Ministry of Education, and the prosecutor), which relied on testimonies clearing the priest. On June 27, 2023, a court sentenced her to five years in prison and a fine of five million Burundian francs (about $1,600).
Sibomana appealed the verdict, and the appeal court overturned the lower court’s decision, ruling that the offense was not substantiated. According to the Gitega appeal judges, the priest should have been prosecuted for the allegations before any legal action was taken against Sibomana to establish his innocence. Additionally, the court deemed the investigative reports “invalid and inoperative.” According to the appeal decision, the testimonies were gathered from people “who could not freely provide their testimony without fear of being mistreated, threatened, or facing the same fate as Sibomana, given that the alleged abuser remains in office.”
Despite her acquittal, Sibomana remains in prison—officially because the prosecution has filed for cassation (a review of the case). However, her lawyer, Michella Niyonizigiye, and several human rights organizations argue that her continued detention is a violation of the law. “An appeal does not have a suspensive effect in cases of acquittal,” said the lawyer, quoting Article 362 of the Burundian Penal Procedure Code. “We are doing everything the law allows us to demand her release,” assured Niyonizigiye.
The Vatican involved
“The detention of Émilienne Sibomana after her acquittal has no legal basis and no valid explanation,” said Berthe Hans, the communications director for Light For All, an NGO that promotes social justice in Burundi and Uganda, in an interview with La Croix International. The NGO has taken several steps in support of the detainee. First, they approached the Archdiocese of Gitega July 15. “We asked them to intervene for Émilienne Sibomana’s release and protection. We haven’t received a response yet,” Hans explained. The same request was made to the Apostolic Nunciature July 24, which acknowledged receipt and promised a response. The Pontifical Commission for the Protection of Minors was also contacted and assured them that their letter had been forwarded to the Dicastery for the Doctrine of the Faith and the Dicastery for Bishops.
When contacted by La Croix International, Archbishop Nahimana was unavailable for immediate comment, as he was away from his archdiocese. However, he emphasized that in this case, “the church has not remained idle as some believe.” Meanwhile, the high school secretary remains behind bars.