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CAT/C/82/D/1105/2021

E.N. 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.25-08766 (E) 170625 200625

Committee against Torture

Decision adopted by the Committee under article 22 of the

Convention, concerning communication No. 1105/2021*, **

Communication submitted by:

E.N. (represented by counsel, Jeanne d’Arc

Zaninyana)

Alleged victim:

The complainant

State Party:

Burundi

Date of complaint:

8 October 2021 (initial submission)

Document references:

Decision taken pursuant to rule 115 of the

Committee’s rules of procedure, transmitted to

the State Party on 29 November 2021 (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 local remedies

Substantive issues:

Torture; cruel, inhuman or degrading treatment

or punishment; prompt and impartial

investigation; redress

Articles of the Convention:

1, 2 (1), 12, 14 and 16

1.

The complainant is E.N., a national of Burundi born in 1993. He claims that the State

Party has violated his rights under articles 2 (1), 12 and 14 of the Convention, read in

conjunction with article 1 or, in the alternative, with article 16. The State Party made the

declaration under article 22 (1) of the Convention on 10 June 2003. The complainant is

represented by counsel.

Facts as submitted by the complainant

2.1

The complainant was a student living in the municipality of Mutakura, in Bujumbura

Mairie. On 21 January 2016, he was on his way home from school with his younger brother

when they realized that their neighbourhood was under attack by police. Police officers and

soldiers were looking for young people suspected of belonging to armed gangs and taking

part in demonstrations against President Pierre Nkurunziza’s third term in office. As they

fled towards their home, they were noticed by five uniformed police officers, who followed

* 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.

United Nations

CAT/C/82/D/1105/2021

Convention against Torture

and Other Cruel, Inhuman

or Degrading Treatment

or Punishment

Distr.: General

11 June 2025

English

Original: French

CAT/C/82/D/1105/2021

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them and forced the door open to get inside. The brothers then tried to escape through the

back of the house by jumping over a wall. One of the police officers shot at the complainant,

who was hit in the leg. His tibia was broken and he fell into the neighbouring property and

hid in the bathroom, where he shouted for help, believing that the police were no longer

nearby. Meanwhile, the police followed and caught his brother, beat him and shot him dead.1

2.2

Following the complainant’s cries for help, the same police officers found him in the

bathroom where he was hiding. He told them he was injured and needed medical attention.

Instead of helping him, the officers left him, telling each other not to waste any more bullets

on him and that it was better to let him bleed to death. When the officers left, neighbours

called Médecins sans frontières for help. Thanks to the Red Cross, the complainant

underwent surgery and the bullet was removed from his leg.2 He was then evacuated by his

family to a neighbouring country, where he is seeking asylum.

2.3

A medical and psychological assessment of the complainant, dated 24 June 2021,

attests to his injuries and the fact that he is traumatized by his brother’s death. According to

doctors, he will never regain his former abilities, will never walk as he used to and will never

be able to undertake work that requires him to stand, carry heavy loads or run.

2.4

The complainant has not attempted to use domestic remedies as there are none

available to him and to do so would be dangerous against the backdrop of serious human

rights violations in Burundi. He has remained outside Burundi since 2016 for fear of

persecution and is unable to return. Many victims in Burundi do not lodge complaints for

fear of reprisals or lack of confidence in the functioning and independence of the judicial

system.3 Furthermore, the police in Burundi4 enjoy impunity and it would be dangerous for

him to return and launch legal proceedings.

Complaint

3.1

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

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

article 16. His having been shot constitutes excessive use of force, in particular lethal force,

and therefore amounts to torture, since such use of force was not legal, necessary or

proportional and did not respect the precautionary principle.5 The shooting was illegal under

article 84 of Ordinance No. 215/891 of 9 July 2009 on the Code of Ethics of the Burundian

National Police. In addition, the police failed in its duty to provide him with medical

assistance, as set out in article 85 of the Ordinance. The aim was to punish him because he

lived in a supposedly anti-establishment neighbourhood. In addition to the physical suffering

inflicted on him, which has permanently affected his ability to walk, the complainant has also

endured mental suffering, having been left without medical assistance and following the loss

of his brother.

3.2

The complainant argues that no mechanism was available to him through which to

lodge a complaint concerning the actions of the police officers. Moreover, no internal police

body investigated the officers’ actions, in violation of article 2 (1) of the Convention. Despite

the reform of the Criminal Code, torture remains subject to a statute of limitations of 20 or

30 years, which constitutes a legal obstacle to the effective prevention of acts of torture.

3.3

The complainant maintains that the mere fact that the police officers used lethal

weapons should have given rise to a police investigation into the legitimacy, necessity and

proportionality of their actions in order to establish not only the reasons for them, but above

all to verify whether they had acted within the bounds of the law. To date, no investigation

has been launched, and none of the perpetrators of the attack have been identified or

1 In a social media post dated 22 January 2016, the information platform SOS Médias Burundi reported

the complainant’s injuries and the death of his brother and criticized the fact that an investigation was

not launched immediately.

2 The complainant subsequently underwent multiple surgical procedures, including the placement of an

external fixator, a skin graft and an autologous bone graft.

3 See 2017 conference room paper of the Commission of Inquiry on Burundi, available on the web

page of the Commission (https://www.ohchr.org/en/hr-bodies/hrc/co-i-burundi/co-i-burundi).

4 See CAT/C/BDI/CO/2/Add.1.

5 A/72/178, para. 5.

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prosecuted. The complainant asserts that there has been an excessive delay in this respect.

He claims that these facts constitute a violation of article 12 of the Convention. Furthermore,

the lack of a trial deprived him of the possibility of obtaining compensation. He has received

no compensation or rehabilitation, in violation of article 14 of the Convention.

3.4

The complainant reiterates that the violence to which he was subjected constitutes

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

Committee not accept this characterization, he asserts 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 so. The State Party should

also make good any damage caused by such treatment.

State Party’s observations on admissibility and the merits

4.1

On 21 February 2022, the State Party submitted its observations. It argues that the

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

the complainant has made no attempt to use domestic remedies to obtain justice. The State

Party explains that the offence of torture carries a heavy punishment pursuant to article 138

of the Criminal Code, which criminalizes torture and sets out the mandatory minimum

penalties for it. Article 206 of the Code describes what constitutes torture in the criminal

sense of the term, and article 207 sets out the relevant penalties.

4.2

On the merits, the State Party rejects all the complainant’s allegations, characterizing

them as crude lies clearly fabricated with the sole aim of tarnishing the State Party’s

international image. It explains that since 2015, the whole world has witnessed the bloody

demonstrations organized by residents of certain neighbourhoods of the city of Bujumbura,

including Mutakura, who illegally obtained firearms to use in protests against what they

described as the then President’s illegal third term in office. These demonstrations were so

violent that they turned into a bloody insurrection movement and resulted in numerous deaths

and injuries among the defence and security forces as they performed their day-to-day duty

of maintaining order and security.

4.3

In addition to the defence and security forces who were shot at, several civilians also

fell victim to bullets fired by armed demonstrators, most of whom were dressed in clothing

similar to that worn by members of the National Police or the National Defence Force. The

civilian victims included people who did not support the insurrection movement and people

who were shot as part of the settling of scores between certain demonstrators.

4.4

The State Party formally denies any involvement of officers of the defence and

security forces in the events reported by the complainant. The violence organized by the

armed demonstrators had reached such a scale that the defence and security forces were

unable to enter the neighbourhoods, including Mutakura, where the leaders of the insurrection

movement were sheltering. In short, the defence and security forces did not cause the

complainant’s injuries or witness them being inflicted and were not involved in the murder

of his brother.

4.5

With regard to the lack of investigation, the State Party asserts that the complainant

bears responsibility for it, insofar as he preferred to go abroad without bothering to report to

the competent authorities the facts of which he claims to be a victim.

Complainant’s comments on the State Party’s observations

5.1

On 14 June 2022, the complainant submitted comments in response to the State

Party’s observations. He does not contest the de jure criminalization of torture in the legal

arsenal of Burundi but does claim that it is de facto ineffective and inaccessible.

5.2

Furthermore, in its concluding observations on the second periodic report of Burundi,

the Committee expressed concern about the slow pace and limited scope of investigations

and prosecutions, which would appear to corroborate claims that impunity is enjoyed by the

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perpetrators of acts of torture and extrajudicial killings, including those involving the

Burundian National Police and the National Intelligence Service.6

5.3

In the complainant’s view, the failure of the judicial system and the persistent climate

of abuse and impunity mean that any remedy he might have sought would have been futile,

thus justifying the non-exhaustion of domestic remedies. At the time of the events, the State

Party was in the midst of a crisis, and its judicial system was dysfunctional and repressive

towards people from certain neighbourhoods in Bujumbura, including Cibitoke and

Mutakura. Widespread organized repression prompted many people, including the

complainant, to flee into exile to protect their lives. Torture and ill-treatment were a daily

occurrence, in violation of the provisions of the Criminal Code invoked by the State Party.

Many cases of torture, summary executions and enforced disappearances have still not been

brought to trial.

5.4

The complainant states that it would be particularly dangerous for him to return to

Burundi to initiate domestic proceedings given that he fled the country to save his life. He

notes that the State Party does not point to any guarantees offered by the Burundian judicial

system with regard to the safety and protection of persons, particularly those returning from

exile, who wish to bring a claim before it.

5.5

The complainant refers to cases in which the Human Rights Committee held that

complainants did not have to exhaust domestic remedies if it was dangerous to do so.7 The

complainant recalls that he was subjected to acts of torture at the hands of officers of the

Burundian National Police, who enjoy total impunity. The Committee has previously

considered that the impunity that the perpetrators of violations have enjoyed in Burundi since

the political crisis began in April 2015 presents an additional barrier to the bringing of legal

proceedings by victims and their families.8 In addition, as officers of the National Police, the

complainant’s torturers might have at their disposal a large arsenal of pressure tactics and

numerous contacts ready to carry out possible reprisals against the complainant or his

relatives.

5.6

The complainant argues that by claiming that the lack of investigation was due to the

failure to report the facts, the State Party is ignoring its obligations both under its own

legislation and under article 12 of the Convention, which states that it is not necessary for a

complaint to be lodged before a State Party initiates an investigation.

5.7

The complainant recalls that the Committee has already declared admissible several

communications from Burundian complainants who had considered that the remedies would

probably not be satisfactory, notably because of the refusal of the Burundian authorities to

conduct an investigation.9

5.8

On the merits, the complainant notes that the State Party asserts that civilians were

killed by persons wearing uniforms resembling those of the National Police or the National

Defence Force but does not indicate that it has investigated these facts, whereas numerous

reports by the United Nations and non-governmental organizations assert that militias known

as Imbonerakure acted with the acquiescence, or even at the instigation, of the authorities.

The Imbonerakure, either acting alone or in joint operations to support the security forces,

were involved in some cases of arrest, torture or execution, including cases where police and

National Intelligence Service uniforms were used. In addition, numerous investigative

reports by the United Nations, the International Criminal Court and non-governmental

organizations confirm the daily presence of the Burundian police and security forces in the

Cibitoke and Mutakura districts of Bujumbura. The State Party’s assertions, for which it has

provided no supporting proof or investigative reports, that such forces were not present in

these neighbourhoods cannot therefore be considered valid.

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

7 Phillip v. Trinidad and Tobago (CCPR/C/64/D/594/1992), para. 6.4; Avadanov and Avadanova v.

Azerbaijan (CCPR/C/100/D/1633/2007), para. 6.4; and Traoré v. Côte d’Ivoire

(CCPR/C/103/D/1759/2008), para. 6.5.

8 CAT/C/BDI/CO/2/Add.1, para. 26.

9 Ntahiraja v. Burundi (CAT/C/55/D/575/2013), para. 6.3; and A.N. v. Burundi

(CAT/C/60/D/612/2014), para. 6.2.

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Additional observations by the parties

The complainant

6.1

On 7 January 2025, the complainant provided explanations as to why it was

impossible for him to lodge a complaint. He notes, firstly, that in 2016, when he was forced

to flee into exile to protect his life, the State Party was in the midst of a major political crisis

marked by widespread repression orchestrated by the authorities against the inhabitants of

certain neighbourhoods in Bujumbura, notably Cibitoke and Mutakura. These

neighbourhoods were the epicentre of the 2015 protests against President Pierre Nkurunziza’s

controversial third term in office. As a resident of Cibitoke, the complainant in particular was

targeted because of unfounded suspicions that he belonged to an armed gang, an accusation

often used by the security forces to justify raids, arbitrary arrests and violence.

6.2

Having been seriously injured during these events, the complainant was unable to

lodge a complaint concerning the acts of torture and ill-treatment he had suffered due to the

absence of any protection for victims in Burundi and the increased risk of reprisals. Since his

exile, the complainant has been granted refugee status, which demonstrates the international

authorities’ recognition of his well-founded personal fears should he return to his country.

His refugee status makes it all the more impossible for him to return to Burundi, where the

situation remains dangerous for those perceived as opponents of the current regime.

6.3

The complainant notes that between 2017 and 2021, the Commission of Inquiry on

Burundi recorded numerous cases of Burundian citizens who, on returning to Burundi after

having fled abroad for even a short time, were subjected to serious rights violations including

arrest, arbitrary detention, acts of torture and ill-treatment, enforced disappearance and

assassination. These exiled citizens were targeted because they are accused of involvement

with armed opposition groups simply for having travelled abroad.10

6.4

The complainant asserts that, to his knowledge, there is no mechanism to allow

victims to exercise remedies from abroad. In any case, he would not have been able to do so

given the risk of reprisals for his relatives back home, as well as for himself. The Commission

of Inquiry on Burundi has documented cases of exiled victims expressing feelings of

insecurity even outside Burundi, particularly in Kenya, Uganda, the Democratic Republic of

the Congo and the United Republic of Tanzania, where some claimed to have recognized

agents of the National Intelligence Service and the Imbonerakure. The Commission has

gathered testimonies from refugees who have received threats in anonymous telephone calls

or written messages and have even been physically attacked.11

6.5

Furthermore, the State Party has no truly effective structure for protecting victims of

human rights violations. Although Act No. 1/04 of 27 June 2016, which is supposed to protect

victims, witnesses and others at risk, exists on paper, it remains ineffective in practice. On

this point, the African Commission on Human and Peoples’ Rights, in the operative section

of a recent decision in which it found against the State Party, called on the State to ensure

full application of the Act.12 The mechanisms provided for by the Act are not operational or

are circumvented, leaving victims of torture and ill-treatment with no real recourse. Any

attempt to lodge a complaint exposes not only the victim, but also those close to him or her,

to violent reprisals by the authorities or the perpetrators of the violations. This situation

creates a climate of impunity that discourages victims from seeking justice.

6.6

The complainant explains that he has lost both parents. His closest relatives, namely

his brother and sister, also had to flee Burundi to escape repression. His family’s exile renders

his situation even more precarious and his relatives who have had to leave the country even

more vulnerable. Other relatives of his who remain in Burundi face a constant risk of reprisals

10 A/HRC/48/68, paras. 40 et seq.; and 2020 conference room paper of the Commission of Inquiry on

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

burundi/co-i-burundi), paras. 440 et seq.

11 2017 conference room paper of the Commission of Inquiry on Burundi, available on the web page of

the Commission (https://www.ohchr.org/en/hr-bodies/hrc/co-i-burundi/co-i-burundi), para. 197.

12 See African Commission on Human and Peoples’ Rights, Family of Feu Jackson Ndikuriyo v.

Burundi, communication No. 473/14, decision, 2 August 2022.

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from the authorities. In a context where the authorities systematically monitor and target the

families of dissidents or victims, any attempt to obtain justice would expose them to arbitrary

arrest, torture or other forms of violence.

6.7

The complainant claims that the 2015 political crisis, which was marked by violent

repression of dissent, exacerbated the climate of physical and psychological violence and the

authorities’ intimidation of human rights defenders in Burundi. Since then, human rights

defenders, including lawyers, have faced increasing threats, which explains why the

complainant was unable to lodge a complaint through a legal representative in Burundi. Many

lawyers were forced to flee the country to save their own lives and those of their loved ones.

Among them is the counsel representing the complainant for the purposes of the present

communication, whose commitment to defending human rights has exposed her to serious

risks. Like many other defenders, she had to make the difficult decision to leave the country

to escape political persecution. However, even in exile she was not spared: she continued to

receive threats, forcing her into a second exile to guarantee her safety.

6.8

The complainant concludes that, given the impossibility of obtaining justice at the

national level due to the systematic repression, lack of protection and impunity that

characterize the Burundian judicial system, the only option left to victims of human rights

violations and human rights defenders is to resort to international human rights protection

mechanisms.

State Party

7.1

On 4 February 2025, the State Party provided clarifications regarding the

effectiveness of domestic remedies for allegations of torture. It first outlines the legislative

and institutional human rights framework and then sets out statistics on final decisions

handed down over a period of five years by domestic courts in cases of torture and other cruel,

inhuman or degrading treatment or punishment. To this end, the State Party read the reports

submitted by the National Independent Human Rights Commission since 2019 and the report

provided by the criminal investigation police. Visits were then conducted to all the appeal

courts competent to try certain categories of persons who enjoy exemption from jurisdiction

and to all the high courts competent to try such offences in the first instance in respect of

persons who do not enjoy exemption from jurisdiction.13

7.2

According to the table of statistics submitted by the State Party, between 2020 and

2024, 12 judgments and orders were handed down,14 with 11 convictions and 1 acquittal.15

According to the State Party’s interpretation, it appears that, over the five years, the average

annual conviction rate in cases of torture is 85.82 per cent, while the acquittal rate is 14.18

per cent.

7.3

For the State Party, the statistics show that all cases of torture or cruel, inhuman or

degrading treatment documented by the National Independent Human Rights Commission

and all cases investigated by the criminal investigation police since 2019 have been tried and

ruled on by the competent courts, with an annual conviction rate of 85.82 per cent, testifying

to the effectiveness of domestic remedies for allegations of torture.

Issues and proceedings before the Committee

Consideration of admissibility

8.1

Before considering any claim 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.

13 The State Party provides a list of the courts of appeal and high courts visited.

14 Of the 12 judgments and orders, one was issued in 2020 and one in 2021, while none were issued in

2022, two in 2023 and eight in 2024.

15 The State Party has provided copies of the 12 judgments and orders.

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8.2

In accordance with article 22 (5) (b) of the Convention, the Committee shall not

consider any communication from an individual unless it has ascertained that the individual

has exhausted all available domestic remedies. In the present case, it notes the State Party’s

argument that the complainant did not even attempt to raise the allegations of torture before

the competent authorities. The Committee notes the complainant’s explanation that it would

be dangerous for him to return to Burundi to initiate domestic proceedings, given that he fled

the country to save his life. The complainant asserts that it would also be dangerous for his

relatives who remain in Burundi or for a legal representative to initiate such proceedings,

given the risk of reprisals by the authorities. Adding that he is unaware of any mechanism

enabling a victim to exercise remedies from abroad, the complainant concludes that the

remedies are ineffective and inaccessible. The State Party, for its part, has submitted statistics

on final decisions handed down over a period of five years by domestic courts concerning

allegations of torture and other cruel, inhuman or degrading treatment or punishment.

8.3

The Committee notes that the complainant did not attempt to communicate his

grievances to the competent national authorities. It recalls that, under article 22 (5) (b) of the

Convention, it can consider a case submitted to it only after it has ascertained that all available

domestic remedies have been exhausted. The same article provides for two exceptions; in the

present case, the relevant exception pertains to the application of remedies being unlikely to

bring effective relief to the person who is the victim of the violation of the Convention.

8.4

The Committee recalls that, during its consideration of the State Party’s third periodic

report, it noted with concern that there was still no specific, independent and confidential

mechanism for the receipt of complaints of torture or ill-treatment in all places of deprivation

of liberty and that existing investigation bodies lacked the necessary independence, as they

belonged to the same structure that employs the alleged perpetrators.16 The Committee notes

with concern that while it had taken note of the many consistent, ongoing allegations of

torture and ill-treatment,17 according to the State Party’s statistics, only one case went to trial

in 2020, one in 2021, none in 2022 and two in 2023. In addition, the State Party makes no

mention of the number of allegations of torture or ill-treatment made before a prosecutor or

judge in the course of proceedings or in a formal complaint that have not given rise to an

investigation. In its previous decisions concerning individual communications against the

State Party, the Committee has already highlighted major shortcomings in the procedure for

providing complainants with an effective remedy.18

8.5

Given the limited information provided by the State Party in this regard, the

Committee considers that it has not been established 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.19 It notes the findings of the Commission of Inquiry on Burundi

concerning numerous cases of Burundian citizens who, on returning to Burundi after having

fled abroad, were subjected to arrest, arbitrary detention, acts of torture and ill-treatment,

enforced disappearance and assassination. It takes note of the risks to which the complainant,

his relatives or his legal counsel might be exposed following the lodging of a complaint on

his behalf, of the lack of a specific and truly independent and confidential mechanism tasked

with receiving complaints of torture or ill-treatment, and of the absence of a mechanism

which could enable victims to lodge complaints from abroad. In the particular circumstances

of the present case, given the limited information provided by the State Party and the

particular situation in which the complainant finds himself, the Committee must conclude

that domestic remedies have not proved effective in his case.

16 CAT/C/BDI/CO/3, para. 10.

17 Ibid.

18 For example, Nshimirimana v. Burundi (CAT/C/79/D/1039/2020), paras. 6.3 and 6.4; Ndarisigaranye

v. Burundi (CAT/C/62/D/493/2012 and CAT/C/62/D/493/2012/Corr.1), para. 6.3; C.N. v. Burundi

(CAT/C/60/D/579/2013), para. 6.3; Kabura v. Burundi (CAT/C/59/D/549/2013), para. 6.2; E.N. v.

Burundi (CAT/C/56/D/578/2013), para. 6.2; Ntahiraja v. Burundi, para. 6.3; and Niyonzima v.

Burundi (CAT/C/53/D/514/2012), para. 7.2.

19 Nshimirimana v. Burundi, para. 6.4.

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8.6

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), 12, 14 and 16 of the Convention.

Consideration of the merits

9.1

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.20

9.2

The Committee notes the complainant’s allegations that five police officers chased

him, that he was shot by one of them and that they abandoned him without providing any

assistance. In this respect, the Committee takes note of the medical documents attesting to

his gunshot wound and its subsequent impact on his health. The Committee then takes note

of the complainant’s allegation that his brother was murdered during the same incident. It

also takes note of the complainant’s allegations that the bullet that hit him had been fired

intentionally by State agents, who did not assist him with his injuries in order to intimidate

and punish him. It also notes that although the State Party has contested this version of events,

it has not produced any evidence that these allegations were investigated despite the fact that

the complainant’s brother was killed during the same incident. 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.21

9.3

The Committee notes the complainant’s claim that, if they cannot be classed as acts

of torture, the acts and treatment to which he was subjected constitute cruel, inhuman or

degrading treatment or punishment in accordance with article 16 of the Convention. The

Committee considers that these claims relate to facts that constitute torture within the

meaning of article 1 of the Convention. Accordingly, the Committee does not consider it

necessary to examine the claims under article 16 separately.22

9.4

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 the State

Party 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.23 In the present case, the Committee notes the complainant’s allegations

about the treatment inflicted on him by State officials during a chase and about the fact that

he was unable to have immediate access to a doctor for treatment for his gunshot wound. The

Committee also notes that the State Party has not taken any measures to protect the

complainant. Lastly, the State authorities have not taken any steps to investigate the acts of

torture suffered by the complainant and impose the appropriate punishment, even on the

assumption that the State Party first became aware of the complainant’s allegations at the

time of the transmission of the present communication on 29 November 2021. In the light of

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

1, of the Convention.24

9.5

With regard to article 12 of the Convention, the Committee takes note of the

complainant’s allegations that on 21 January 2016, five uniformed police officers chased him,

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

21 Ndagijimana v. Burundi (CAT/C/62/D/496/2012 and CAT/C/62/D/496/2012/Corr.1), para. 8.2;

Ndarisigaranye v. Burundi, para. 8.2; Kabura v. Burundi, para. 7.2; and Niyonzima v. Burundi,

para. 8.2.

22 Ramírez Martínez et al. v. Mexico (CAT/C/55/D/500/2012), para. 17.4; and Ndayirukiye v. Burundi

(CAT/C/73/D/952/2019), para. 8.3.

23 CAT/C/BDI/CO/1, para. 10; and CAT/C/BDI/CO/2, para. 8 et seq. See also CAT/C/BDI/CO/3,

para. 21.

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

para. 8.4; and E.N. v. Burundi, para. 7.5.

CAT/C/82/D/1105/2021

GE.25-08766

9

beat and killed his brother, shot him in the leg and left him to die from his injuries. Even

supposing that the State Party became aware of these events only when the present

communication was transmitted to it on 29 November 2021, there has been no investigation

nine years after the events and more than three years after the transmission of the present

complaint. The Committee considers that such a delay in opening 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 Accordingly, the Committee finds a violation of article 12 of

the Convention.

9.6

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.26 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.27

10.

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), 12 and 14, read in conjunction

with article 1, of the Convention.

11.

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

investigation into the incidents in question, led by an independent body and taking into

account the guidelines set out in 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 similar violations do not occur in the

future, taking into account the efforts that the State Party reports having made in this area

and the statistics it has provided.28

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.

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. 8.6. See also Ntikarahera v. Burundi, (CAT/C/52/D/503/2012), para. 6.5.

27 Ndarisigaranye v. Burundi, para. 8.7.

28 See paragraph 7.2 above.