CAT/C/59/D/549/2013
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
25 January 2017
English
Original: French
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 549/2013*, **
Communication submitted by:
Abdulrahman Kabura (represented by Philip
Grant, TRIAL — Track Impunity Always)
Alleged victim:
The complainant
State party:
Burundi
Date of complaint:
24 December 2012 (initial submission)
Date of present decision:
11 November 2016
Subject matter:
Torture committed by police officers; failure to
investigate; lack of redress
Procedural issue:
Exhaustion of domestic remedies
Substantive issues:
Torture and other 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;
prohibition of the use of statements obtained
under torture as evidence in proceedings
Articles of the Convention:
Articles 2 (1), 11, 12, 13, 14 and 15, read in
conjunction with articles 1 and 16 of the
Convention
1.1
The complainant is Abdulrahman Kabura, who was born in 1975 in Burundi and
currently lives in South Africa, where he has been granted refugee status. He maintains that
* Adopted by the Committee at its fifty-ninth session (7 November-7 December 2016).
** The following members of the Committee participated in the consideration of the present
communication: Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller
Rouassant, Jens Modvig, Sapana Pradhan-Malla, Ana Racu, Sébastien Touzé and Khening Zhang.
GE.17-01070 (E)
060217 060217