CAT/C/62/D/493/2012 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. 493/2012*, ** Communication submitted by: Damien Ndarisigaranye, represented by TRIAL (Track Impunity Always) Alleged victim: The complainant State party: Burundi 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 redress 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 1.1 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). 1.2 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 2003. * 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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