CAT/C/BDI/CO/2
5.
The Committee also takes note with satisfaction of the State party’s efforts to amend
its legislation in order to give effect to the Convention, including:
(a)
The amendment of the Criminal Code in 2009 to do away with the death
penalty; define the criminal offence of torture and other cruel, inhuman or degrading
treatment or punishment and establish the corresponding penalties; increase the age of
criminal responsibility from 13 to 15 years; and establish the criminal offences of rape,
domestic violence, sexual harassment, war crimes, crimes against humanity and genocide;
(b)
The amendment of the Code of Criminal Procedure in 2013 to provide for
compensation for victims of torture and establish community service as a non-custodial
penalty;
(c)
violence;
The preparation of a bill for the prevention and suppression of gender-based
(d)
The preparation of a bill on the prevention and suppression of trafficking in
persons and on the protection of trafficking victims.
6.
The Committee welcomes the formulation of a national human rights policy and
plan of action and the establishment of the Ombudsman’s Office in 2011.
C.
Main subjects of concern and recommendations
Applicability of the Convention in the nation’s courts
7.
While noting that judges are free to refer to article 19 of the Constitution in
interpreting the law, the Committee remains concerned by the fact that the State party’s
courts do not invoke the Convention. The Committee also notes with concern that the
courts admit confessions obtained under torture into evidence, in violation of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and the Code of Criminal Procedure (arts. 2 and 15).
In order to ensure the effective application of the Convention in its national legal
order, the State party should take the necessary steps to align its laws with the
provisions of the Convention and to ensure that justice officials are aware of the
importance of applying those provisions. The State party should also ensure that
articles 52 and 251 of its Code of Criminal Procedure are applied in practice so that
confessions obtained under torture are systematically declared null and void.
Legislative measures for the prevention of torture
8.
While noting that an absolute prohibition of torture is established in the Constitution,
the Committee is concerned at the numerous shortcomings of the organization and
command structure of the country’s security services, particularly the Burundian National
Police (Police nationale du Burundi) and the National Intelligence Service (Service national
de renseignement). These services are still governed by presidential decrees, whereas the
Constitution provides that they be governed by the necessary legal framework. While
noting that article 31 of the State party’s Criminal Code establishes that an order from a
superior officer cannot be used as an argument by the defence in a case of torture, the
Committee remains concerned about the effective implementation of that provision (arts. 2,
6 and 16).
In terms of the activities of the Burundian National Police and the National
Intelligence Service, the State party should adopt the necessary legal framework to
ensure the full observance of the Convention. The State party should also ensure the
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