CAT/C/59/D/549/2013
the State party1 has violated articles 2 (1), 11, 12, 13, 14 and 15, all read in conjunction
with article 1 and, alternatively, with article 16 of the Convention, and article 16, read alone.
He is represented by counsel, Mr. Philip Grant of TRIAL (Track Impunity Always).
1.2
On 24 May 2013, in accordance with rule 114 (1) of its rules of procedure, the
Committee requested the State party to adopt effective measures, for the duration of the
Committee’s consideration of the complaint, to prevent any threats or acts of violence
against the complainant or his family, particularly for submitting the present complaint to
the Committee.
The facts as submitted by the complainant
2.1
Since the end of the civil war (1993-2006), Burundi has been in the throes of a
power struggle that has led to a climate of instability, the removal of the president of the
political party Conseil national pour la défense de la démocratie-Forces pour la défense de
la démocratie (CNDD-FDD) and the arrest of a number of its supporters.
2.2
On 4 May 2007, the complainant, who was the local representative of CNDD-FDD
and a neighbourhood leader in Buyenzi, Bujumbura, was arrested by officers of the
National Intelligence Service who wanted him to testify against the former president of
CNDD-FDD and admit that he himself had attempted to destabilize the ruling party. The
complainant refused to make any such admission. He was tortured for about four hours by
intelligence officers and the Administrator-General of the Service. He was beaten with
sticks on different parts of his body, particularly the back, face, feet and genitals. They
squeezed his genitals with their hands and used a piece of electrical cable to tie a five-litre
container of water to them. Under torture, the complainant succumbed to the pressure and
signed a statement admitting his involvement in attempts to destabilize the ruling party.
2.3
The complainant was detained for two months and 20 days until 27 July 2007 in
four different locations, namely, the premises of the National Intelligence Service, the
headquarters of the criminal investigation police, Gitega prison (over 100 km from his
home) and Mpimba prison in Bujumbura. During his detention at the headquarters of the
criminal investigation police, he was held with 10 other detainees in a cell measuring 12
square metres, without windows or light and without water, food or medical treatment for
the first 17 days. He was forced to drink water from the toilet in order to survive. He was
also beaten all over his body with electrical cables by the officer guarding him.
2.4
On 17 May 2007, the complainant was brought before an investigating judge, who
informed him that he was accused of attempted murder. During the hearing, he was not able
to talk to a lawyer and was not afforded legal assistance.
2.5
After his transfer to Gitega prison, the complainant was able to see a lawyer who, on
12 June 2007, reported the acts of torture to the investigating judge and requested that he be
transferred to a hospital. This was authorized, but the doctor who finally examined him was
able to provide only basic care, as the complainant was immediately taken back to prison.
From the beginning of his detention, the complainant and human rights associations
repeatedly requested that he be represented by counsel and examined by a doctor. On 27
June 2007, the complainant’s lawyer filed a formal complaint with the public prosecutor,
with a copy to the Attorney General and the public prosecutor attached to the Court of
Appeal in Bujumbura, concerning the complainant’s arrest and torture. However, the
complainant was never informed of the outcome of this complaint.
2.6
During his detention in these various locations, the complainant received visits from
members of human rights associations, who saw for themselves that he had been tortured
1
2
On 10 June 2003, the State party made the declaration recognizing the competence of the Committee
to receive and consider individual complaints under article 22 of the Convention.
GE.17-01070