constituteproject.org • Right to join trade unions • Right to strike PDF generated: 18 Apr 2016, 15:29 Article 37 The right to found trade unions [syndicats] and to join them, as well as the right to strike, are recognized. The law may regulate the exercise of these rights and prohibit to certain categories of persons to go on strike. In all the cases, these rights are prohibited to the members of the corps of defense and of security. • Right to fair trial • Right to speedy trial Article 38 Every person has the right, in a judicial or administrative procedure, that their cause is to be heard equitably and to be judged within a reasonable time period. • Protection from unjustified restraint Article 39 • Principle of no punishment without law No one shall be deprived of their liberty, if it is not in accordance with the law. One may only be charged, arrested, detained or judged in the cases determined by the law promulgated prior to the acts alleged against them. • Right to counsel The right to defense is guaranteed before all the jurisdictions. No one may be deprived [distrait], against their will, of the judge that the law assigns to them. • Right to counsel • Presumption of innocence in trials Article 40 Any person accused of a delinquent act is presumed innocent until their culpability has been legally established in the course of a public process [procés] during which all the guarantees necessary for their free defense have been assured to them. • Protection from ex post facto laws Article 41 No one shall be condemned for actions or omissions which, when they were committed, did not constitute an infraction. In the same way [de meme], more severe penalties than those applicable at the moment the infraction was committed may not be inflicted. Article 42 One may only be submitted to security measures in the cases and the forms specified by the law notably for reasons of public order or of the security of the State. • Right to privacy • Right to protect one's reputation Article 43 No one may be subject to arbitrary infringement [immixtion] of their private life, their family, their domicile or their correspondence, or to threats to their honor and to their reputation. Searches or domiciliary visits may only be ordered within the forms and conditions determined by the law. The secrecy of correspondence and of communication is guaranteed within the respect for the forms and conditions determined by the law. Burundi 2005 Page 10