Woman jailed in Burundi after accusing priest of sexual abuse

Acquitted but still imprisoned – this is the fate of Émilienne Sibomana, a Burundian woman who has been behind bars for almost two years on false accusations after she accused a priest who was also a school principal of sexually assaulting minors in the Archdiocese of Gitega to have abused, located in Burundi’s second largest city of the same name.

The case began in January 2023. According to the appeal decision, the La Croix International Émilienne Sibomana, a secretary at a secondary school, accused the school’s principal of sexually abusing some students in his office during a public meeting. The day after the meeting, she was arrested and imprisoned on false charges.

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 falsity of the allegations against the school principal.” The examination was carried out in just one day. The next day, the commission members presented their report to the archbishop and recommended that the investigation be closed. The archbishop complied, stating in his decree that there was “no need to initiate criminal proceedings” against the accused priest.

As for Sibomana, the Burundian judiciary initially found her guilty on false charges. The decision was based on three investigative reports (conducted by the diocese, the Ministry of Education and the Public Prosecutor’s Office), which relied on witness statements that acquitted the priest. On June 27, 2023, a court sentenced her to five years in prison and a fine of five million Burundian francs (approximately US$1,600).

Sibomana appealed the verdict and the Court of Appeal overturned the lower court’s decision, ruling that the offense was unfounded. According to the Gitega appeal judges, the priest should have been prosecuted over the allegations before legal action was taken against Sibomana to prove his innocence. In addition, the court found the investigation reports to be “invalid and ineffective.” According to the appeal decision, the testimonies were collected from people “who could not give their testimony freely without fear of being mistreated or threatened or suffering the same fate as Sibomana because the alleged perpetrator remains in office.”

Despite her acquittal, Sibomana remains in prison – officially because the prosecutor’s office has filed a motion 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 has no suspensive effect in the event of an acquittal,” the lawyer said, citing Article 362 of the Burundian Code of Criminal Procedure. “We are doing everything the law allows us to demand their release,” Niyonizigiye assured.

The Vatican was involved

“The detention of Émilienne Sibomana after her acquittal has no legal basis and no valid explanation,” said Berthe Hans, communications director of 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 to support the detainee. They first turned to the Archdiocese of Gitega on July 15. “We asked them to intervene for the release and protection of Émilienne Sibomana. We haven’t received an answer yet,” explained Hans. The same request was addressed to the Apostolic Nunciature on July 24, which acknowledged receipt and promised a response. The Pontifical Commission for the Protection of Minors was also contacted and assured her that her 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 could not be reached for immediate comment because he was not in 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.