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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