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.
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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.
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