Convicted of a non-existent offense : Rachelle Mfatukobiri, 88 years old, jailed for six years in Mpimba

Rachelle Mfatukobiri, 88 years old, has been detained for six years in Bujumbura Central Prison, known as Mpimba, following a conviction for witchcraft, an offense not recognized by the Burundian Penal Code. This case, which combines a family land dispute and judicial failures, has rekindled debates on the rule of law in Burundi.

Rachelle Mfatukobiri lives in Mahande village, in the Ngoma zone, in the Cibitoke district of Bujumbura province (west). It is there where a land dispute between Ms. Mfatukobiri and her own children reportedly escalated : by refusing to cede family land, which she considered valuable for future generations, this mother incurred the wrath of her children, who accused her of witchcraft, with the aim—according to local sources—of neutralizing her and seizing the property.

An opaque trial, a controversial conviction

The elderly woman, now deaf and suffering from comprehension problems, was brought before the Cibitoke prosecutor’s office and sentenced to ten years in prison for witchcraft. The verdict was reportedly handed down without the judges taking into account the underlying family conflict.

However, witchcraft is not a defined offense in the Burundian Penal Code, making this conviction legally problematic. Despite this, Ms. Mfatukobiri has been incarcerated for six years in Bujumbura Central Prison, with no clear prospect of appeal.

A critical health condition

Now 88 years old, Rachelle Mfatukobiri can no longer move around on her own. She must be carried to go anywhere, or remain lying in her cell. She is requesting her release or, failing that, her transfer to a specialized center for the elderly. However, so far, no response has been received from the Directorate General of Prison Affairs.

An emblematic case of judicial abuses?

The use of an uncodified accusation like witchcraft in a family land dispute raises serious questions about the independence and rigor of the Burundian judicial system. This case also raises the risk of traditional beliefs being exploited for personal gain, within an unclear legal framework.

The case of Ms. Rachelle Mfatukobiri raises questions not only for the Burundian justice system but also for the society as a whole regarding the need to protect the rights of the elderly, ensure fair trials, and put an end to the misuse of witchcraft accusations in family or land disputes.

Is witchcraft a crime in Burundi?

1. Legal context

Burundi, like several African countries, is marked by beliefs related to witchcraft. However, witchcraft as such is not defined as a criminal offense in the Burundian Penal Code.

2. Judicial approach

Acts related to witchcraft can be prosecuted under other criminal offenses, such as :

Wilful manslaughter or murder, if an alleged act of witchcraft resulted in death or serious injury;

Violent assault, in cases of violence;

Defamation or slander, when an accusation of witchcraft is used without evidence.

The courts do not recognize witchcraft as a stand-alone crime.

3. Practical cases

In practice, families can claim “witchcraft,” but the courts should ground their decisions on concrete and verifiable facts, such as physical violence, poisoning, etc.

4. Recent initiatives

Awareness-raising campaigns have been conducted to combat community violence caused by accusations of witchcraft, which are often used to settle disputes. These campaigns are more of a social prevention campaign than a criminal justice campaign.