CAT/C/56/D/578/2013
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (fifty-sixth session)
concerning
Communication No. 578/2013*
Submitted by:
E.N., represented by Track Impunity Always
(TRIAL)
Alleged victim:
The complainant
State party:
Burundi
Date of complaint:
10 December 2013 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 25 November 2015,
Having concluded its consideration of communication No. 578/2013, submitted
to the Committee on behalf of E.N. under article 22 of the Convention,
Having taken into account all information made available to it by the
complainant, his counsel and the State party,
Adopts the following:
Decision under article 22 (7) of the Convention
1.1 The complainant is E.N., born in 1964 in Mwaro Province, Burundi, and residing
in the city of Bujumbura. He claims to have been a victim of violations of articles 2
(1), 11, 12, 13 and 14, read in conjunction with article 1 and, alternatively, article 16
of the Convention. The complainant is represented by counsel.
1.2 On 19 December 2013, in accordance with article 114 (1) of its rules of
procedure, the Committee requested the State party to adopt effective measures,
throughout the duration of the Committee’s consideration of the complaint, to prevent
any threats or acts of violence to which the complainant or his family might be
exposed, in particular as a result of having lodged the present complaint.
The facts as submitted by the complainant
2.1 The complainant was working as a bus driver in the city of Bujumbura when the
events in question took place. On 15 May 2012 at around 10.40 a.m., he had just
reached the centre of Bujumbura and had let off all his passengers. As the passengers
were disembarking, the driver found that he was unable to provide the change due to
two customers for the purchase of their tickets. He therefore left the vehicle, together
with the two customers, to go find change. He drove to the bus depot and, around 15
* The following members of the Committee participated in the consideration of the present
complaint: Essadia Belmir, Alessio Bruni, Satyabhoosun Gupt Domah, Abdoulaye Gaye, Jens
Modvig, Sapana Pradhan-Malla, George Tugushi and Kening Zhang.
2/12
GE.16-01380