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CAT/C/82/D/1007/2020

Adolphe Niyongabo v. Burundi

UNO-Ausschuss gegen Folter (CAT) · 2025-04-11 · en UN

Decision; Subjects: BURUNDI, TORTURE AND OTHER CRUEL TREATMENT; [CAT: UNO-Antifolterkonvention, Übereinkommen gegen Folter; Convention contre la torture; Convenzione contro la tortura]

Volltext (verifizierbarer Originaltext)

GE.25-07682 (E) 210725 210725

Committee against Torture

Decision adopted by the Committee under article 22 of the

Convention, concerning communication No. 1007/2020*, **

Communication submitted by:

Adolphe Niyongabo (represented by counsel)1

Alleged victim:

The complainant

State Party:

Burundi

Date of complaint:

30 March 2020 (initial submission)

Document references:

Decision taken pursuant to rules 114 and 115 of

the Committee’s rules of procedure, transmitted

to the State Party on 4 June 2020 (not issued in

document form)

Date of adoption of decision:

11 April 2025

Subject matter:

Torture or other cruel, inhuman or degrading

treatment or punishment; lack of effective

investigation and redress

Procedural issue:

Exhaustion of domestic remedies

Substantive issues:

Torture; cruel, inhuman or degrading treatment

or punishment; prevention of torture; a prompt

and impartial investigation; treatment of

prisoners; redress

Articles of the Convention:

2 (1) and 11–14, read in conjunction with

articles 1 and 16, and 16

1.1

The complainant is Adolphe Niyongabo, a national of Burundi born in 1978. He

claims that the State Party has violated his rights under articles 2 (1) and 11–14 of the

Convention, read in conjunction with article 1 or, in the alternative, with article 16, and

article 16 of the Convention, read alone. The State Party has made the declaration pursuant

to article 22 (1) of the Convention, effective from 10 June 2003. The complainant is

represented by counsel.

1.2

On 4 June 2020, pursuant to rule 114 (1) of its rules of procedure, the Committee

requested the State Party to effectively prevent, while the case was under consideration, any

threat or act of violence to which the complainant and his family might be exposed, in

* Adopted by the Committee at its eighty-second session (7 April–2 May 2025).

** The following members of the Committee participated in the examination of the communication:

Todd Buchwald, Jorge Contesse, Claude Heller, Erdogan Iscan, Peter Vedel Kessing, Liu Huawen,

Maeda Naoko, Ana Racu, Abderrazak Rouwane and Bakhtiyar Tuzmukhamedov.

1 The counsel has requested anonymity.

United Nations

CAT/C/82/D/1007/2020

Convention against Torture

and Other Cruel, Inhuman

or Degrading Treatment

or Punishment

Distr.: General

2 June 2025

English

Original: French

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particular as a result of the submission of the present complaint, and to keep the Committee

informed of the measures adopted to that end.

1.3

On 18 March 2022, the Committee, acting through its Rapporteur on new complaints

and interim measures, decided to examine the admissibility of the communication together

with its merits.

The facts as submitted by the complainant

2.1

The complainant is married and has five children. After being demobilized from the

Burundian armed forces in 2005, he became a farmer and herder. During the first half of

2016, a series of attacks took place in the commune of Mugamba. These included the clashes

of 25 January 2016, responsibility for which was claimed by one of the armed movements

that was nascent at the time, namely Résistance pour un État de droit au Burundi (RED

Tabara), and ambushes that were carried out by unidentified individuals on vehicles

belonging to the State company for the production and sale of tea on 7 February and 26 April

2016. As a direct consequence, there was a wave of arrests of suspected members of the

groups that were believed to have organized these three attacks, those arrested being mainly

young people and former members of the Burundian armed forces.2

2.2

On 23 June 2016, at around 11 a.m., while grazing his cow herd in his own field, the

complainant was arrested by a National Intelligence Service agent accompanied by six

uniformed police officers and guided by a local Imbonerakure3 leader. No arrest warrant was

presented to him. After his home was searched without any warrant being presented,4 he was

taken to Mugamba Police Station, where he was subjected to acts of torture for around four

hours.

2.3

Four police officers – among whom the complainant recognized the station chief –

began inflicting blows on him that caused him severe pain, with the aim of making him

confess to the charges that had been made against him of possessing weapons and having

participated in armed gangs. They demanded that he confess to being a member of the group

that had ambushed a vehicle belonging to the Burundi Tea Office on 7 February and 26 April

2016, and to possessing weapons. Acting in pairs, the four police officers took turns beating

him with batons and network cables and kicking him with their boots while demanding that

he show them where he had supposedly hidden weapons. The police beat him severely on his

buttocks, legs, arms and back, until he had wounds almost everywhere on his body. These

events took place opposite the offices of the criminal investigation officers at Mugamba

Police Station.

2.4

While they were beating him, the police officers brought out two other young men

who were being held at the same police station. These men had evidently been beaten, given

the wounds on their bodies, and were apparently accused of the same acts as the complainant.

They provided testimony against the complainant, stating that they knew him as a member

of their group that had ambushed a vehicle belonging to the Burundi Tea Office.

2.5

The torture inflicted on the complainant ended when he confessed to the charges

brought against him. He spent the night of 23 June 2016 with eight other suspects accused of

similar acts in the cell at Mugamba Police Station, which measures approximately 8 by

4 metres, on a cement floor, without receiving any medical attention.

2.6

With wounds covering most of his body, the complainant was transferred the

following day to the cells of the National Intelligence Service in Bujumbura. In total, he was

detained at the police station and the National Intelligence Service for 12 days – from 23 June

until 5 July 2016 – without the assistance of a lawyer. During the 11 days of his detention at

the National Intelligence Service, the complainant was placed in a cell measuring

approximately 2 square metres, which he shared with another person. He was permitted to

2 The complainant explains that former members of the Burundian armed forces were among the first

to be suspected by the State security services of fomenting unrest and being potential members of the

armed gangs that were forming at that time.

3 Members of the youth movement affiliated with the National Council for the Defence of

Democracy-Forces for the Defence of Democracy.

4 No weapons or military items were found by the police officers during the search.

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leave his cell twice a day for just 15 minutes to get fresh air, go to the toilet, shower and fetch

water to drink. He was not allowed to receive visits from members of his family.5 Thanks to

the food aid provided to the National Intelligence Service by the International Committee of

the Red Cross (ICRC) to support people incarcerated there, the complainant was able to eat

an unvarying dish of rice and beans twice a day.

2.7

At the National Intelligence Service, the complainant was interrogated by agents who,

in order to obtain a confession to the charges against him, threatened him with death if he

retracted his confession. As a result, the complainant, who was still covered in wounds, stood

by his confession to the charges against him because of these threats.

2.8

Despite his state of health, the complainant was denied access to care at the National

Intelligence Service. On two occasions, he verbally requested the opportunity to seek medical

treatment, but his request was refused. His suffering continued throughout the night; it was

difficult for him to sleep because he was covered with wounds and could not easily find a

side to rest on. As one of the few organizations with access to the National Intelligence

Service, ICRC made several unsuccessful attempts to obtain permission for the complainant

to seek medical treatment. ICRC personnel therefore decided to give him tablets, which he

took in the cells of the National Intelligence Service.

2.9

On 5 July 2016, the complainant was taken to the prosecutor’s office of the Mukaza

High Court, where he was questioned by a prosecution official. Subsequently, on the same

day, the complainant was transferred to Mpimba Central Prison. It was only on that date,

5 July 2016, that he had access to legal counsel for the first time. At the time of his transfer

to the prison, a family member was finally able to see him and took photographs of his

injuries, which were still very evident 12 days after the torture had been inflicted on him.6

Other, similar photographs taken by the complainant’s fellow inmates using a mobile phone

in December 2016, after the wounds had healed, clearly show that, several months after the

fact, signs of torture were still visible on his body.7

2.10

On 5 August 2016, the Bujumbura Mairie Tribunal de Grande Instance (court of major

jurisdiction) issued an order in chambers for the complainant to be placed in pretrial

detention. On 3 August 2016, the complainant’s lawyer reported the torture to which he had

been subjected to the judge who was in chambers to review the regularity of the detention,

and the complainant showed the judge the marks of torture, which were still visible. He also

pointed out procedural irregularities, which included the fact that the time limits for custodial

arrest – the complainant had been held for 12 days instead of the 7 days provided for by law

– and for issuing an arrest warrant – 29 days in the complainant’s case instead of the 15 days

provided for by law – had been exceeded. However, his requests were not acted upon. In his

appeal against the order, the complainant pointed out that he had been tortured to make him

testify against himself, and that his confession should not therefore be admitted as evidence.

However, the Bujumbura Court of Appeal upheld the decision handed down by the court of

major jurisdiction in chambers.

2.11

On 19 December 2016, the complainant reported the torture he had suffered by filing

a complaint with the public prosecutor at the Mukaza High Court. As part of the follow-up

to this complaint, checks were made with the public prosecutor’s office on several occasions,

but nothing was done to investigate the events reported. The complaint was resubmitted on

22 May 2017 but received no follow-up.

2.12

The complainant was charged with participation in armed gangs, undermining the

internal security of the State and illegal possession of firearms, but there was a delay in the

referral of his case to the adjudicating court for reasons that were not communicated to him.

It was not until September 2017 that the case was called for the first time in open court to be

debated on the merits. Finally, on 18 December 2017, the Mukaza High Court held a public

hearing where the case of the complainant and his co-accused was heard. The complainant

again reported the acts of torture that he had suffered, supporting his oral reports with a

5 His family had not been informed of his detention at the police station and the National Intelligence

Service.

6 These photographs are included in the case file.

7 These photographs are also included in the case file.

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photograph, added to the case file, that showed the torture. However, instead of noting the

nullities in the proceedings – the complainant had confessed to the charges against him under

torture – the judges redefined the charges, with the result that he was convicted of robbery

and sentenced to 2 years and 6 months’ imprisonment. The complainant completed his

sentence in December 2018.

2.13

The conditions in which the complainant was detained at Mpimba Prison were

deplorable. This overcrowded prison was some 120 kilometres from his family’s home, and

the food was insufficient and of poor quality.

2.14

When he was released from prison, the complainant did not return home directly for

fear of falling back into the hands of his torturers. Fearing that he would be falsely implicated

in another crime, he chose to live in hiding despite his strong desire to spend time with his

family. In October 2019, as he tried to return home, he came upon the Imbonerakure leader

who had contributed to his arrest. The leader, who was apparently surprised to see him again

out of prison, asked him what he had come to do in Mugamba and made remarks that were

intended to scare him and lead him to prepare for the worst.8 Moreover, the complainant was

informed by credible sources that, at a security meeting held in Mugamba between September

and October 2019, the administrator had said publicly that there was information that some

people who had been released from the prison were illegally in possession of weapons; the

identification of all those who had recently been released from the prison was therefore under

way.

2.15

Despite the reports made, more than three years and six months after the events, no

inquiry had been opened with a view to establishing what actually took place during the

complainant’s detention, and no investigative action had been taken. The violations suffered

by the complainant have also been reported by the Ligue burundaise des droits de l’homme

(ITEKA), a Burundian human rights organization,9 and under the SOS Torture campaign

launched by Burundian civil society in exile. As a result, the perpetrators of the violations

committed against the complainant have not been identified and the acts relating to his torture

remain unpunished. The complainant continues to live in hiding and avoids regularly

appearing in public in his native commune.

2.16

The Burundian authorities were thus informed repeatedly of the torture suffered by

the complainant and could not therefore have been unaware of it. However, on the date of

submission of the present complaint to the Committee, more than three years and six months

had passed since the events had occurred, and no investigative action had been taken. Besides

the authorities’ clear refusal to establish liabilities in this case, the complainant also draws

attention to the general climate of impunity in Burundi, particularly with regard to acts of

torture, which has been the subject of numerous reports by United Nations bodies. In its

concluding observations on the second periodic report of Burundi, the Committee expressed

concern about the slow pace and limited scope of the investigations and judicial proceedings

that have been opened in this connection, which would appear to corroborate claims that the

perpetrators of acts of torture and extrajudicial killings committed by the Burundian National

Police and the National Intelligence Service enjoy impunity.10

2.17

Consequently, the complainant claims that (a) he gained no satisfaction from the

available domestic remedies, as the authorities did not respond to his complaints whereas

they should have opened a criminal investigation on the basis of his allegations before the

judge and his formal complaint to the public prosecutor; (b) the application of these remedies

has been unreasonably long, given that, more than three years and six months after the acts

of torture were reported, no investigation had been opened; and (c) it was dangerous for him

to take any further steps because he was at risk of reprisals, as the Imbonerakure militias who

had actually contributed to his arrest were continuing to spread terror in his locality.

8 He threatened him that “this time it will not be like it was in 2015”.

9 Ligue ITEKA, Bulletin spécial sur la répression du pouvoir contre des militaires et policiers

soupçonnés être contre le troisième mandat du président Pierre Nkurunziza, 2016, p. 18.

10 CAT/C/BDI/CO/2, para. 11. See also the 2017 conference room paper of the Commission of Inquiry

on Burundi, available on the web page of the Commission (www.ohchr.org/en/hr-bodies/hrc/co-i-

burundi/co-i-burundi), para. 635.

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Complaint

3.1

The complainant claims that the State Party has violated his rights under articles 2 (1)

and 11–14 of the Convention, read in conjunction with article 1 or, in the alternative, with

article 16, and under article 16 of the Convention, read alone.

3.2

According to the complainant, the mistreatment inflicted on him caused him severe

suffering, which still has a lingering impact on his physical and psychological health. Many

of the scars caused by the torture that he endured for approximately four hours on 23 June

2016 are still visible on his forearms and back. The aim of the police officers who violently

beat him was to cause him such suffering. In addition, he was denied access to care. These

acts of torture were inflicted by members of the Burundian National Police with the aim of

extracting confessions and information from him and punishing him for his status as a former

soldier. The complainant maintains that this abuse constituted torture within the meaning of

article 1 of the Convention.

3.3

The complainant, invoking article 2 (1) of the Convention, claims that the State Party

has not taken effective measures to prevent acts of torture in the territory under its

jurisdiction. In particular, the complainant arrived at the National Intelligence Service

covered in wounds and received no appropriate care throughout his detention, with the

exception of the small number of tablets administered to him by ICRC personnel. The

complainant only had access to a lawyer when he was transferred to the prosecutor’s office

on 5 July 2016, approximately two weeks after his arrest. He had not received legal assistance

during questioning at the police station and the National Intelligence Service. He was unable

to contact his family during his 11-day detention at the National Intelligence Service.

Moreover, despite the complainant’s reports of torture, the State Party did not fulfil its

obligation to investigate the acts of torture that had been inflicted on him and to bring the

persons responsible for those acts to justice. Accordingly, the complainant submits that the

State Party failed to take the measures, including the legislative measures, required under

article 2 (1) of the Convention.

3.4

Invoking article 11 of the Convention and referring to the United Nations Standard

Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and the Body of

Principles for the Protection of All Persons under Any Form of Detention or Imprisonment,

the complainant argues that the State Party has clearly failed in its obligation to keep under

systematic review interrogation rules, instructions, methods and practices as well as

arrangements for the custody and treatment of persons subjected to any form of arrest,

detention or imprisonment. This failure is reflected in the following facts, among others: at

the time of his deprivation of liberty, the complainant was at no point notified of his rights;

he was unable to exercise his right to receive visits during his detention at the National

Intelligence Service; he did not benefit from the assistance of a lawyer during the

interrogations at the police station and at the National Intelligence Service; he did not receive

healthcare throughout the 2 years and 6 months of his detention; he did not have effective

remedies to report the acts of torture; and he was held in deplorable conditions for 2 years

and 6 months.

3.5

Furthermore, the complainant submits that, although the Burundian authorities were

informed of the torture to which he had been subjected through reports to the judges and a

formal complaint lodged on 19 December 2016, they did not conduct a prompt and effective

investigation into the allegations of torture, in violation of the obligations imposed on the

State Party under article 12 of the Convention. He also alleges that the State Party did not

respect his right to complain to, and to have his case promptly and impartially examined by,

its competent authorities, in breach of its obligations under article 13 of the Convention.

3.6

With regard to article 14 of the Convention, the complainant considers that, by failing

to conduct a criminal investigation, the State Party has also deprived him of his right to obtain

redress and his right to fair and adequate compensation. In this regard, following the torture

to which he was subjected, he did not receive rehabilitation assistance of any kind or the

means for as full rehabilitation as possible, as provided for under article 14 of the Convention.

In view of the inaction of the judicial authorities, other remedies to obtain redress, such as a

civil suit for damages, have no realistic prospect of success. In 2014, the Committee

specifically expressed its concern about the failure to apply the provision of the Code of

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Criminal Procedure providing for compensation for victims of torture, in violation of

article 14 of the Convention.11 In 2016, it reiterated its concerns about the need to guarantee

adequate compensation in accordance with article 14.12

3.7

The complainant reiterates that the violent acts inflicted on him constitute torture, in

accordance with the definition set out in article 1 of the Convention. Should the Committee

not agree to qualify it as such, he maintains that the abuse he endured constitutes cruel,

inhuman or degrading treatment and that, on this basis, the State Party also has an obligation,

under article 16 of the Convention, to prevent public officials from committing, instigating

or tolerating such acts and to punish them if they do. In addition, the complainant recalls the

conditions of detention imposed on him in the cells of the National Intelligence Service and

at Mpimba Prison, where he was held in deplorable conditions for a total of 2 years and

6 months, which in itself constitutes cruel, inhuman or degrading treatment. The complainant

refers again to the Committee’s concluding observations on the reports submitted by Burundi

under article 19 of the Convention, in which it has noted that conditions of detention in

Burundi amount to inhuman and degrading treatment.13 Lastly, the complainant recalls that

he received no medical treatment while in detention, despite being in a critical condition, and

therefore concludes that the conditions of detention he experienced constitute a violation of

article 16 of the Convention.

State Party’s observations on admissibility

4.

On 15 June 2021, the State Party submitted its observations. It argues that the

Committee should reject the communication under article 22 (5) (b) of the Convention

because the complainant – contrary to the statements in his complaint concerning the judicial

steps taken – has not lodged any complaint with the public prosecutor’s office in Mukaza to

report the torture to which he was allegedly subjected.14

Complainant’s comments on the State Party’s observations

5.

On 22 September 2021, the complainant submitted his comments on the State Party’s

observations. He observes that the State Party failed to meet the procedural time limit for

submitting its observations. He further recalls that he produced a copy of the complaint filed

on 19 December 2016 with the public prosecutor’s office in the commune of Mukaza, and

the follow-up letter dated 22 May 2017, at the time of his initial communication. Lastly, the

complainant recalls that he also reported the torture suffered through other channels.

Issues and proceedings before the Committee

Consideration of admissibility

6.1

Before considering any complaint submitted in a communication, the Committee must

decide whether it is admissible under article 22 of the Convention. The Committee has

ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same

matter has not been and is not being examined under another procedure of international

investigation or settlement.

6.2

The Committee notes that the State Party has contested the admissibility of the

complaint on the grounds of non-exhaustion of domestic remedies, contending that the

complainant had not formally raised the allegations of torture with the competent authorities

as he claimed to have done in his initial communication to the Committee. However, the

Committee notes that the complainant in fact produced a copy of his complaint to the public

prosecutor’s office in Mukaza, dated 19 December 2016, at the time of submission of his

communication. In this respect, the Committee notes that the State Party simply asserts that

the complainant has not lodged any complaint, without demonstrating that the documents

produced by the complainant are forgeries. Even if it were to be assumed that the documents

produced by the complainant were forgeries, the Committee notes the complainant’s claim,

11 CAT/C/BDI/CO/2, para. 18.

12 CAT/C/BDI/CO/2/Add.1, para. 27 (d).

13 CAT/C/BDI/CO/1, para. 17; and CAT/C/BDI/CO/2, para. 15.

14 The State Party has not submitted other facts or evidence.

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which is not contested by the State Party, that he expressly reported the torture that he

suffered to the judges during the criminal proceedings against him. In this regard, the

Committee notes that, in his appeal of 26 September 2016, which bears the stamp of the

registry of the Court of Appeal, the complainant’s counsel clearly mentions that the

complainant had been tortured. Lastly, the Committee notes the photographs produced by the

complainant, which show marks on his arms, and which have not been contested by the State

Party.

6.3

The Committee recalls that, pursuant to article 12 of the Convention, States Parties

are under an obligation to ensure that the competent authorities proceed to a prompt and

impartial investigation wherever there is reasonable ground to believe that an act of torture

has been committed. It considers that, once a State Party has become cognizant of allegations

of torture, regardless of which authority has been informed thereof, it is under an obligation

to carry out an investigation and, if appropriate, to initiate legal proceedings, which has not

been done in the present case. The Committee further considers that the burden of proof

should not be borne solely by the complainant, given that the complainant and the State Party

do not always have the same degree of access to evidence and that frequently the State Party

alone is in possession of the relevant information. In cases where the allegations are

corroborated by credible evidence submitted by the complainant and where further

clarification depends on information exclusively in the hands of the State Party, the

Committee may consider the allegations to have been sufficiently substantiated in the absence

of satisfactory evidence or explanations from the State Party to the contrary.15

6.4

In the absence of any pertinent information from the State Party in this regard, the

Committee rejects the State Party’s objection to the admissibility of the complaint, as the

State Party has failed to demonstrate that existing remedies for reporting acts of torture were,

in practice, made available to the complainant to enable him to assert his rights under the

Convention.16 The Committee notes that the complainant tried to use domestic remedies, but

that they proved to be ineffective in his case.

6.5

In the absence of any other obstacle to the admissibility of the communication, the

Committee proceeds with its consideration of the merits of the claims submitted by the

complainant under articles 2 (1), 11–14 and 16 of the Convention.

State Party’s failure to cooperate

7.

On 18 March 2022, 2 November 2022 and 24 November 2023, the State Party was

invited to submit its observations on the merits of the communication. The Committee notes

that no clarifications were received. It regrets the State Party’s refusal to communicate any

information on the merits of the complainant’s claims. 17 It recalls that the State Party

concerned is required, under the Convention, to submit to the Committee written explanations

or statements clarifying the matter and indicating the steps, if any, that the State Party may

have taken to remedy the situation.

Consideration of the merits

8.1

The Committee has considered the present communication in the light of all the

information made available to it by the parties, in accordance with article 22 (4) of the

Convention. As the State Party has not provided any detailed information on the merits, due

weight must be given to the complainant’s allegations, which have been properly

substantiated.18

8.2

The Committee notes the complainant’s allegation that he was beaten for

approximately four hours by four police officers, who delivered violent blows to the

complainant’s buttocks, legs, arms and back with their boots and network cables. The

15 N’Dour v. Morocco (CAT/C/58/D/650/2015), para. 8.2.

16 Nshimirimana v. Burundi (CAT/C/79/D/1039/2020), para. 6.4.

17 Ndagijimana v. Burundi (CAT/C/62/D/496/2012 and CAT/C/62/D/496/2012/Corr.1), para. 7;

Ndarisigaranye v. Burundi (CAT/C/62/D/493/2012 and CAT/C/62/D/493/2012/Corr.1), para. 7; and

Ntikarahera v. Burundi (CAT/C/52/D/503/2012), para. 4.

18 See, inter alia, N.N. v. Burundi (CAT/C/74/D/795/2017), para. 6.1.

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Committee also notes: (a) that the complainant was made to continue suffering as a result of

the lack of appropriate care and the unsanitary conditions of detention; (b) that the police

officers did not allow ICRC personnel to provide the complainant with medical assistance;

and (c) that he was detained in appalling conditions on the premises of the National

Intelligence Service and at Mpimba Prison, where he was deprived of access to medical care

in particular for 2 years and 6 months. The Committee also notes that the complainant was

held on the premises of the police and the National Intelligence Service without access either

to a lawyer or to his family for 12 days. The Committee recalls its jurisprudence, according

to which any persons deprived of their liberty must be provided with prompt and independent

legal and medical assistance and must be able to contact their families, in order to prevent

torture.19 The Committee likewise takes note of the complainant’s allegations that the beating

to which he was subjected caused him severe suffering, including emotional and

psychological suffering, and was deliberately inflicted by State officials with the aim of

extracting confessions from him and intimidating and punishing him. It also notes that these

allegations have at no time been contested by the State Party. In these circumstances, the

Committee concludes that the facts as presented by the complainant constitute torture within

the meaning of article 1 of the Convention.20

8.3

The Committee takes note of the complainant’s claims based on article 2 (1) of the

Convention and recalls its conclusions and recommendations in respect of the reports

submitted by the State Party under article 19 of the Convention, in which it urged it to take

effective legislative, administrative and judicial measures to prevent all acts of torture and all

ill-treatment and to take steps, as a matter of urgency, to bring all places of detention under

judicial control to prevent its officials from making arbitrary arrests and engaging in torture.21

In the present case, the Committee notes the complainant’s allegations about the treatment

inflicted on him by State officials during his arrest and detention at the National Intelligence

Service, throughout which time he was unable to contact his family or have access to counsel

or a doctor. The Committee also notes that the State Party did not take any measures to protect

the complainant. Lastly, the State authorities have taken no steps to investigate the acts of

torture suffered by the complainant and duly punish those responsible, despite the complaints

that he presented before the judges and the public prosecutor’s office in this regard. In the

light of the foregoing, the Committee finds a violation of article 2 (1), read in conjunction

with article 1, of the Convention.22

8.4

The Committee also notes the complainant’s argument that article 11 of the

Convention – which calls on States Parties to keep under systematic review arrangements for

the custody and treatment of persons subjected to any form of arrest, detention or

imprisonment in any territory under its jurisdiction, with a view to preventing any cases of

torture – was violated. The complainant argues, in particular, that: (a) despite his critical

condition, he did not receive appropriate medical care; (b) he did not have access to a lawyer

during his interrogations on police and National Intelligence Service premises; (c) he was

arrested without being informed of the charges against him; (d) he did not have effective

remedies to report the acts of torture; and (e) he was detained in appalling conditions on the

premises of the National Intelligence Service and at Mpimba Prison, where he was also

deprived of access to medical care. The Committee recalls its concluding observations

regarding the second periodic report of Burundi, adopted in 2014, and those regarding the

third periodic report of Burundi, adopted in 2023, in which it expressed concern at the

excessive length of time during which people can be held in police custody, the numerous

instances in which the permissible duration of police custody has been exceeded, failures to

keep registers on persons in custody or to ensure that such records are complete, failures to

comply with fundamental legal safeguards for persons deprived of their liberty, the absence

of provisions that guarantee access to a doctor and access to legal assistance for persons of

limited means, and the excessive use of pretrial detention in the absence of regular reviews

19 See Committee against Torture, general comment No. 2 (2007).

20 Ndagijimana v. Burundi, para. 8.2; Ndarisigaranye v. Burundi, para. 8.2; Kabura v. Burundi

(CAT/C/59/D/549/2013), para. 7.2; and Niyonzima v. Burundi (CAT/C/53/D/514/2012), para. 8.2.

21 CAT/C/BDI/CO/1, para. 10; and CAT/C/BDI/CO/2, para. 8 ff. See also CAT/C/BDI/CO/3, para. 21.

22 Ndagijimana v. Burundi, para. 8.4; Ndarisigaranye v. Burundi, para. 8.3; Niyonzima v. Burundi,

para. 8.4; and E.N. v. Burundi (CAT/C/56/D/578/2013), para. 7.5.

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of its legality and of any limit on its total duration.23 In the present case, the complainant

appears to have been deprived of any form of judicial oversight. In the absence of any relevant

information to the contrary from the State Party, the existence of such deplorable conditions

and treatment is sufficient to establish that the State Party failed to fulfil its obligation to keep

under systematic review arrangements for the custody and treatment of persons subjected to

any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a

view to preventing any cases of torture, and that this violation resulted in harm to the

complainant. The Committee therefore finds a violation of article 11 of the Convention.24

8.5

With regard to articles 12 and 13 of the Convention, the Committee takes note of the

complainant’s allegations that, on 23 June 2016, he was arrested and violently beaten by four

uniformed police officers on police premises and was subsequently interrogated and

threatened on the premises of the National Intelligence Service. Although he reported the

torture to the judges and, by means of a formal complaint, to the public prosecutor, and

appeared bearing visible signs of torture, no investigation has been carried out nine years

after the events in question. The Committee considers that so long a delay in initiating an

investigation into allegations of torture is patently unjustified. In this regard, it draws

attention to the State Party’s obligation under article 12 of the Convention to ensure that a

prompt and impartial investigation is carried out wherever there is reasonable ground to

believe that an act of torture has been committed.25 The Committee therefore finds a violation

of article 12 of the Convention.

8.6

In view of the foregoing findings, the State Party also failed to fulfil its responsibility

under article 13 of the Convention to guarantee the right of the complainant to lodge a

complaint, which presupposes that the authorities provide a satisfactory response by

launching a prompt and impartial investigation.26 The Committee notes that article 13 does

not require the formal lodging of a complaint of torture under the procedure laid down in

national law, nor does it require an express statement of desire that criminal proceedings be

instituted; it is enough for the victim simply to come forward and bring the facts to the

attention of an authority of the State for the latter to be obliged to consider this a tacit but

unequivocal expression of the victim’s wish to have an immediate and impartial investigation

initiated, as prescribed by this article of the Convention.27 The Committee concludes that the

facts of the case also constitute a violation of article 13 of the Convention.

8.7

Regarding the complainant’s claims under article 14 of the Convention, the

Committee recalls that this article not only recognizes the right to fair and adequate

compensation but also requires States Parties to ensure that the victim of an act of torture

obtains redress. The Committee recalls that redress should cover all the harm suffered by the

victim and encompasses, among other measures, restitution, compensation and guarantees of

non-repetition of the violations, taking into account the circumstances of each case.28 In the

present case, in the absence of a prompt and impartial investigation, despite clear material

evidence that the complainant was the victim of acts of torture, which have gone unpunished,

the Committee concludes that the State Party has also failed to fulfil its obligations under

article 14 of the Convention.29

8.8

Regarding the claim under article 16 of the Convention, the Committee takes note of

the complainant’s claims about the detention conditions at Mugamba Police Station, in the

cells of the National Intelligence Service and at Mpimba Prison. In the absence of any

relevant information from the State Party in this regard, the Committee concludes that the

information provided shows that the conditions constituted inhuman and degrading

23 CAT/C/BDI/CO/2, para. 10, and CAT/C/BDI/CO/3, para. 24.

24 E.N. v. Burundi, para. 7.6.

25 Ndagijimana v. Burundi, para. 8.5; Ndarisigaranye v. Burundi, para. 8.5; Kabura v. Burundi,

para. 7.4; and Niyonzima v. Burundi, para. 8.4.

26 Niyonzima v. Burundi, para. 8.5.

27 Parot v. Spain (CAT/C/14/D/6/1990), para. 10.4; Blanco Abad v. Spain (CAT/C/20/D/59/1996),

para. 8.6; and Ltaief v. Tunisia (CAT/C/31/D/189/2001), para. 10.6.

28 Niyonzima v. Burundi, para. 8.6. See also Ntikarahera v. Burundi, para. 6.5.

29 Ndarisigaranye v. Burundi, para. 8.7.

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treatment30 and disclose a violation by the State Party of its obligations under article 16 of

the Convention.31

9.

The Committee, acting under article 22 (7) of the Convention, concludes that the facts

before it reveal a violation by the State Party of articles 2 (1) and 11–14, read in conjunction

with article 1, and of article 16 of the Convention.

10.

The Committee deeply regrets that the State Party has failed to respond to its repeated

requests to comment on the merits of the present communication, thereby preventing the

Committee from considering the case and resolving the issues raised in the communication

under the Convention. As the State Party has failed to respond to the Committee’s requests

to submit observations on the merits, thereby refusing to cooperate with it and preventing it

from effectively considering the elements of the complaint, the Committee, acting under

article 22 (7) of the Convention, is of the view that the State Party’s refusal to cooperate with

it constitutes a violation by the State Party of article 22 of the Convention. The Committee

remains deeply concerned about the State Party’s failure to cooperate with the individual

complaints procedure 32 and invites the State Party to re-establish full dialogue and

cooperation with the Committee in the examination of individual communications.33

11.

The Committee urges the State Party to (a) initiate a thorough and impartial

investigation into the incidents in question, conducted by an independent body, with

reference also to the guidelines of the Manual on the Effective Investigation and

Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(Istanbul Protocol), as revised; (b) prosecute and punish those responsible for the

complainant’s treatment; (c) provide the complainant with appropriate redress, including

compensation for material and non-material damages, restitution, rehabilitation, satisfaction

and guarantees of non-repetition; and (d) ensure that no similar violations occur in the future.

12.

Pursuant to rule 118 (5) of its rules of procedure, the Committee invites the State Party

to inform it, within 90 days of the date of transmittal of the present decision, of the steps it

has taken to respond to the above observations.

30 See also CAT/C/BDI/CO/3, para. 29.

31 Ndarisigaranye v. Burundi, para. 8.8; Niyonzima v. Burundi, para. 8.8; and Ntikarahera v. Burundi,

para. 6.6.

32 CAT/C/BDI/CO/3, para. 47. See also Ndarisigaranye v. Burundi, para. 7; Ndagijimana v. Burundi,

para. 7; Ntikarahera v. Burundi, para. 4; O.N. v. Burundi (CAT/C/71/D/843/2017), para. 4; R.M. v.

Burundi (CAT/C/72/D/793/2017), para. 4; M.D. v. Burundi (CAT/C/73/D/921/2019), para. 4; and

Ndayirukiye v. Burundi (CAT/C/73/D/952/2019), para. 7.

33 CAT/C/BDI/CO/3, para. 48. See also Nshimirimana v. Burundi, para. 10.