CAT/C/53/D/514/2012
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-third session)
concerning
Communication No. 514/2012
Submitted by:
Déogratias Niyonzima, represented by Track
Impunity Always (TRIAL)
Alleged victim:
The author
State party:
Burundi
Date of communication:
23 July 2012 (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 21 November 2014,
Having concluded its consideration of communication No. 514/2012, submitted to
the Committee against Torture on behalf of Déogratias Niyonzima under article 22 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
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, paragraph 7, of the Convention against
Torture
1.1
The complainant is Déogratias Niyonzima, a national of Burundi born on 3 March
1956. He claims to be the victim of violations by the State party of articles 2 (para. 1), 11,
12, 13, 14 and 15, read in conjunction with article 1 or, in the alternative, with article 16 of
the Convention. He is represented by counsel.
1.2
On 30 July 2012, in application of rule 114, paragraph 1 (formerly rule 108) of its
rules of procedure (CAT/C/3/Rev.5), the Committee asked the State party effectively to
prevent any threats or acts of violence against the complainant and his family, in particular
for having submitted this complaint, while the complaint was being considered.
The facts as presented by the complainant
2.1
The complainant was General Secretary of the Parti pour la réconciliation du peuple
(People’s Reconciliation Party – PRP). On 1 August 2006, upon leaving his house in the
Kabondo district of Bujumbura at around 7 a.m. to accompany his wife to work, he found a
group of some 20 police officers outside the gate, armed with rifles and in firing position,
deployed in front of two police vans with their revolving lights on. The police stopped him
without giving a reason. The complainant asked to see the arrest warrant against him, but he
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GE.15-00394