CAT/C/71/D/858/2018 1.1 The complainant is B.N., a national of Burundi born in 1948 in Gisozi commune, Mwaro Province. He is the father of the victim, A.H., a national of Burundi born in 1980 in the same commune and the victim of an enforced disappearance on 14 December 2015. The complainant claims that Burundi has violated articles 2 (1), 11, 12, 13 and 14, read in conjunction with article 1 and, in the alternative, article 16 of the Convention, in respect of the victim and articles 12, 13 and 14, read in conjunction with article 1 and, in the alternative, article 16 of the Convention, in respect of the complainant. Burundi acceded to the Convention on 18 February 1993 and made the declaration under article 22 (1) of the Convention on 10 June 2003. The complainant is represented by TRIAL (Track Impunity Always). 1.2 On 7 November 2018, the complainant’s counsel informed the Committee that, on 17 June 2018, the complainant, B.N., had died of natural causes. Subsequently, one of B.N.’s sons and A.H.’s brother, S.R., agreed that the proceedings should be continued and formally authorized counsel to act on his behalf. S.R. thus requested the Committee to consider him to be the new complainant. 1.3 On 22 December 2017, the complainant had requested the Committee to grant interim measures of protection. On 12 January 2018, pursuant to rule 114 of its rules of procedure, the Committee decided to accede to the request to grant interim measures and requested the State party to immediately adopt all necessary measures to protect the life, safety and personal integrity of the complainant and the victim, and to ensure that no irreparable harm would be caused to them while the complaint was pending. The facts as submitted by the complainant General context 2.1 In August 2010, President Pierre Nkurunziza, who had first been elected in 2005, was re-elected for a second term. The subsequent crackdown on members of opposition parties was characterized by the frequent use of extrajudicial executions, enforced disappearances and acts of torture and intimidation. From April 2015, Burundi once again saw escalating violence and serious human rights violations, following Pierre Nkurunziza’s decision to stand for a third term, which was deemed contrary to the Arusha Peace and Reconciliation Agreement for Burundi by the international community and Burundian civil society.1 Large demonstrations against a third term subsequently took place and were forcefully suppressed by the authorities, with live ammunition and grenades used against the demonstrators. On 13 May 2015, a coup attempt failed; it was followed by a heavy crackdown against all those with suspected links to the attempt. On 21 July 2015, Pierre Nkurunziza was re-elected in a very tense climate. The number of demonstrations decreased, but a new period of violence began, with targeted killings, extrajudicial executions, arbitrary arrests, acts of torture and other cruel, inhuman or degrading treatment and enforced disappearances, among other abuses. The report on the independent investigation on Burundi carried out pursuant to Human Rights Council resolution S-24/1, submitted to the Council at its thirty-third session in 2016, found that more than 1,000 people were killed during the crisis. Thousands more were reportedly tortured, unknown numbers of women were subjected to various forms of sexual crime, hundreds of people disappeared and thousands were illegally detained.2 During the night of 10–11 December 2015, unidentified armed persons attacked three military bases 1 2 2 United Nations, “Conseil de sécurité: examen de la situation au Burundi, marquée par un climat de peur et des restrictions aux libertés en marge des élections du 29 juin et du 15 juillet” (“Security Council: Consideration of the situation in Burundi, characterized by a climate of fear and restrictions on freedoms in the context of the elections of 29 June and 15 July”), Meetings coverage and press releases, 9 July 2015, available at www.un.org/press/fr/2015/cs11963.doc.htm; and Radio France Internationale, “Présidentielle au Burundi: Ban Ki-moon tente de raisonner Nkurunziza” (“Presidential elections in Burundi: Ban Ki-moon tries to reason with Nkurunziza”), 29 March 2015, available at www.rfi.fr/afrique/20150329-presidentielle-burundi-ban-ki-moon-tente-raisonnernkurunziza. A/HRC/33/37, para. 35. GE.21-12084

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