United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
18 January 2018
Original: French

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 493/2012*, **
Communication submitted by:

Damien Ndarisigaranye, represented by TRIAL
(Track Impunity Always)

Alleged victim:

The complainant

State party:


Date of complaint:

8 December 2011 (initial submission)

Date of present decision:

10 November 2017

Subject matter:

Torture committed by police officers; use in a
judicial proceeding of confessions obtained
under torture; failure to investigate; lack of

Procedural issues:

Examination of the same matter under another
procedure of international investigation or
settlement; exhaustion of domestic remedies

Substantive issues:

Torture and cruel, inhuman or degrading
treatment or punishment; measures to prevent
acts of torture; systematic monitoring of custody
and treatment of detainees; State party’s
obligation to ensure that its competent authorities
proceed to a prompt and impartial investigation;
right to file a complaint; right to redress

Articles of the Convention:

Articles 2 (1) and 11 to 14, read in conjunction
with articles 1 and 16 of the Convention

The complainant is Damien Ndarisigaranye, a Burundian national born on 15
August 1953 in Burarana. He claims to be the victim of violations by Burundi of his rights
under articles 2 (1) and 11 to 14, read in conjunction with article 1, and, alternatively, with
article 16 of the Convention. He is represented by TRIAL (Track Impunity Always).
Burundi made the declaration recognizing the competence of the Committee to
receive and consider individual complaints under article 22 of the Convention on 10 June

* Adopted by the Committee at its sixty-second session (6 November–6 December 2017).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Alessio Bruni, Felice Gaer, Claude Heller Rouassant, Jens Modvig, Ana Racu,
Sébastien Touzé and Kening Zhang.

GE.18-00819 (E)

130418 160418


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