CEDAW/C/55/D/35/2011 1.2 When registering the communication on 7 October 2011, and pursuant to article 5 (1) of the Optional Protocol and rule 63 of its rules of procedure, the Committee requested the State party to refrain from expelling the author to Burundi while her communication was under consideration by the Committee. Factual background 2.1 The author submits that she was a member of the women’s department of the Front national de libération (FNL), in the town of Ruziba in Burundi, and had participated in several meetings of that political party, although she had no specific responsibility in it. 1 Her husband, A. M. Z, was responsible for collecting funds during the party’s meetings in Ruziba. 2.2 In 2010, elections were held in Burundi. The author voted for Agato Rwasa, the leader of FNL, who was not elected. The Conseil national pour la défense de la démocratie (CNDD) became the ruling party. According to the author, however, the results of those elections were rigged, which prompted leaders of various political parties, including Agato Rwasa, to protest and found a coalition called Alliance des démocrates pour le changement — Ikibiri (ADC). 2.3 The author submits that, a few days later, the Burundian authorities decided to arrest Agato Rwasa, blaming him for the non-recognition by ADC of the election results. On 16 June 2010, some 200 members of FNL, including the author, who had learned about the decision, went to Agato Rwasa’s residence and sought to prevent his arrest by organizing a protest. On the first day of the protest, the demonstrators were requested to leave, but refused. On the second day, the police used tear gas to disperse them. The FNL leader was not arrested, however. 2.4 The author further submits that, after these events, two members of CNDD were killed, with FNL members suspected of being responsible. As a reprisal, on 10 July 2010, the author’s town, where many FNL members lived, was bombarded by air. Villagers began fleeing and some were killed during the bombardment. During the chaos, the author was separated from her husband and decided to hide in a hole until the evening. 2.5 The author claims that, after eventually leaving her hiding place, she decided to go to the town of Kibenga. On her way, she was raped by three men 2 armed with knives. As all members of FNL were about to flee or had already fled, she assumed that her aggressors were not members of FNL. Out of fear, the author did not report the event to the police, given that she was trying to hide from them. 2.6 The author submits that, on the same day (10 July 2010), she found refuge with one of her husband’s friends, Mathilde (called “Maman Oredi” by the author because she does not know her surname). Maman Oredi was also a member of FNL. On 13 July 2010, while the author was still there, the police came asking for her and her husband. The author managed to escape and offered a driver 10,000 Burundian francs ($8) to be taken to Rwanda to a friend of hers called E. C. __________________ 1 2 13-43086 During her interview with the Immigration Service, the author reportedly presented a membership card, but no copy of it was submitted with the communication. The author does not specify whether they were wearing uniforms or otherwise appeared to be associated with the State. 3/20

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