CAT/C/62/D/496/2012

United Nations

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

Distr.: General
18 January 2018
English
Original: French

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 496/2012*, **
Communication submitted by:

Jean Ndagijimana, represented by TRIAL (Track
Impunity Always)

Alleged victim:

The complainant

State party:

Burundi

Date of complaint:

9 March 2012 (initial submission)

Date of decision:

30 November 2017

Subject matter:

Torture or other cruel, inhuman or degrading
treatment or punishment; lack of effective
investigation and redress

Procedural issues:

Exhaustion of domestic remedies

Substantive issues:

Torture and other cruel, inhuman or degrading
treatment or punishment; measures to prevent
acts of torture or cruel, inhuman or degrading
treatment or punishment; 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), 12, 13 and 14, read in conjunction
with articles 1 and 16.

1.1
The complainant is Mr. Jean Ndagijimana, a Burundian national born in Manege on
4 May 1958. He claims that Burundi has violated his rights under articles 2 (1), 12, 13 and
14, read in conjunction with article 1 or, in the alternative, with article 16 of the Convention
against Torture. He is represented by TRIAL (Track Impunity Always).
1.2
Burundi declared that it recognized the competence of the Committee to receive and
consider individual communications under article 22 of the Convention on 10 June 2003.
1.3
On 21 March 2012, in accordance with rule 114 (1) of its rules of procedure, the
Committee requested the State party to take effective measures, for the duration of the
Committee’s consideration of the complaint, to prevent any threats or acts of violence to

* 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: Ms.
Essadia Belmir, Mr. Alessio Bruni, Ms. Felice Gaer, Mr. Abdelwahab Hani, Mr. Claude Heller
Rouassant, Mr. Jens Modvig, Ms. Sapana Pradhan-Malla, Ms. Ana Racu, Mr. Sébastien Touzé and
Mr. Kening Zhang.

GE.18-00818 (E)

290118 290118

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