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CAT/C/82/D/911/2019

Alexis Turikukiye v. Burundi

UNO-Ausschuss gegen Folter (CAT) · 2025-04-10 · 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.25-07116 (E) 020925 030925

Committee against Torture

Decision adopted by the Committee under article 22 of the

Convention, concerning communication No. 911/2019*, **

Communication submitted by:

Alexis Turikukiye (represented by TRIAL

International)

Alleged victim:

The complainant

State Party:

Burundi

Date of complaint:

31 December 2018 (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 30 January 2019 (not issued

in document form)

Date of adoption of decision:

10 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; prompt and

impartial investigation; treatment of prisoners;

reparation; forced confessions

Articles of the Convention:

2 (1) and 11–15, read in conjunction with

articles 1 and 16, and 16

1.1

The complainant is Alexis Turikukiye, a national of Burundi born in 1963. He claims

that the State Party has violated his rights under articles 2 (1) and 11 to 15 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. The State Party made the declaration provided for in

article 22 (1) of the Convention on 10 June 2003. The complainant is represented by counsel.

1.2

On 30 January 2019, 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

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

informed of the measures adopted to that end.

* 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/911/2019

Convention against Torture

and Other Cruel, Inhuman

or Degrading Treatment

or Punishment

Distr.: General

21 May 2025

English

Original: French

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1.3

On 28 February 2024, the Committee, acting through its Rapporteur on new

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

together with its merits.

Facts as submitted by the complainant

2.1

The complainant was a member of the Parti pour le redressement national (Party for

National Recovery) and worked as a broker. On 31 October 2015, he attended a funeral,

following which a procession departed the cemetery in the direction of Bujumbura. The

procession comprised three cars and a bus. Arriving around midday in the area of Buringa,

not far from Bujumbura International Airport, the procession came under fire from a police

post. Afterwards, divergent and contradictory versions of the events were presented by the

police and individuals present at the scene.

2.2

According to the police, the deceased had been the leader of an armed group that had

attacked a police post a few days earlier and had been killed in the attack. The police

reportedly attempted to stop the procession in order to search the vehicles, but someone on

the bus opened fire on the officers, while another individual tried to detonate a grenade,

forcing the police to fire back. This version of events was disputed by numerous witnesses

present at the scene, who claimed that the funeral was not for the leader of an armed group

but for a young demonstrator who had been killed by the police. Young protesters from

neighbourhoods that had been at the centre of recent protests in the country had travelled to

the cemetery to attend the funeral of one of their own. The procession was reportedly

ambushed by agents of the Riot Brigade, officers of the Combat Engineer Regiment and a

handful of Imbonerakure. 1 The police reported only one death among the procession

participants; however, according to investigations by non-governmental organizations, at

least 7 civilians were killed, while witnesses claim that between 10 and 16 people died in the

attack.2

2.3

The complainant was on the bus. When the shooting stopped, he and the around a

dozen survivors of the attack were arrested and tied up then brutally beaten. The complainant

was thrown to the ground and beaten by around twenty police officers, Imbonerakure and

National Intelligence Service agents for almost an hour, receiving blows from truncheons

and rifle butts and being kicked all over his body. He was then thrown in the back of a police

vehicle with the others and taken to the headquarters of the National Intelligence Service. On

arrival, without any form of registration, the complainant and the 12 other detainees were

placed in an unlit room measuring approximately three metres by three metres.

2.4

The complainant was tortured on his first day in detention on the premises of the

National Intelligence Service. In the evening of 31 October 2015, the complainant was

brought before a criminal investigation officer who, together with several agents of the

National Intelligence Service, conducted a violent interrogation focusing on the

complainant’s alleged membership of and role within an armed opposition group. 3 The

torturers tried to coerce the complainant into confessing that he was the leader of this group

and was responsible for teaching its members how to handle weapons and also tried to extract

information from him about other alleged members of the group. To extract answers, the

agents beat the complainant with clubs, steel rods and other implements.

2.5

To stop the torture, the complainant was forced to sign a statement. He thereby

confessed to being the leader of an armed group in which he taught weapons handling. He

also signed a police custody report listing the offences with which he had been charged. In

addition, the complainant and the 12 other defendants were made to sign a seizure report,

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

Commission (https://www.ohchr.org/en/hr-bodies/hrc/co-i-burundi/co-i-burundi), para. 256.

2 International Federation for Human Rights and Ligue burundaise des droits de l’homme, Repression

and genocidal dynamics in Burundi, November 2016, available at

https://www.fidh.org/IMG/pdf/burundi_report_english-2.pdf, p. 135.

3 This armed group was allegedly founded by the leader of the political party Mouvement pour la

solidarité et la démocratie (Movement for Solidarity and Democracy).

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certifying that they recognized various items allegedly seized from vehicles in the funeral

procession, namely a rifle and a grenade.

2.6

The following day, on 1 November 2015, the complainant was subjected to another

round of interrogation, during which he was again tortured for additional information. Using

the same torture techniques as the previous day, the torturers forced the complainant to

acknowledge as his own statements that they themselves had made. At the end of the

interrogation, the National Intelligence Service officers drew up a statement claiming that the

complainant had given them the names of individuals involved in the murder of police

officers and had provided the location of a weapons cache. The complainant was forced to

sign this statement.

2.7

Although the complainant had confessed and provided information under torture, the

abuse continued unabated. He was subjected to further torture and verbal abuse for the

remainder of his detention on the premises of the National Intelligence Service, which lasted

until 5 November 2015. At least twice daily, he was beaten all over with various implements

by at least three officers. His ribs were fractured and his hearing was badly damaged. During

the six days he spent at the National Intelligence Service, he was denied all rights normally

afforded to detainees. He was neither informed of his rights nor granted legal assistance

during the interrogation sessions that took place on 31 October and 1 November 2015.

Repeated requests for medical treatment were refused. His relatives were never informed of

his detention and he received only one inadequate meal per day.

2.8

On 5 November 2015, the complainant and his co-defendants were taken to the office

of the Public Prosecution Service in Bujumbura and presented one by one to a public

prosecutor. The complainant, who was unable to stand without the help of his co-defendants,

was represented by a lawyer and notified of his rights and the charges against him. As

reflected in the record of the hearing, the complainant reported the torture to which he was

subjected during his interrogation by agents of the National Intelligence Service and the fact

that he had been forced to confess to stop the torture. As proof, he showed his numerous scars

to the public prosecutor. His lawyer requested that he be released, that his statements made

under torture be disregarded and that he be examined by a doctor.4

2.9

Following this interview, the complainant was placed in pretrial detention and

transferred to Mpimba Central Prison, where he received only limited medical care. During

the first two months of his detention, he received minor treatment for his injuries and was

given sedatives. He repeatedly approached the prison authorities to obtain authorization for

outside treatment, but to no avail. As a result, while he gradually regained his hearing, he

continued to spit blood regularly for six months after the torture. He received no treatment

for his fractured ribs. They healed over time and the complainant no longer feels pain in this

area. However, owing to the lack of adequate care, he continues to suffer from pain in his

right foot and left arm. Consequently, more than three years after his torture, he remained

unable to move around normally or stand without crutches or assistance from his fellow

prisoners.

2.10

At the time of the submission of his communication to the Committee, the

complainant had been incarcerated for over three years in appalling conditions at Mpimba

Central Prison, where prisoners are housed in cramped corridors, often without mattresses to

sleep on. The facilities are infested with insects and what little food the prisoners are given

is infested with weevils.

2.11

During the proceedings against him, including at the public hearing held on

13 November 2015 before Bujumbura Tribunal de Grande Instance (court of major

jurisdiction) and, later, at various other hearings, in the presence of a legal representative, the

complainant again reported the treatment inflicted upon him on the premises of the National

Intelligence Service. On 17 April 2016, the complainant’s counsel filed a formal complaint

with the office of the Public Prosecution Service in Bujumbura.5 It was only after three

requests had been made to the prosecutor on 20, 22 and 26 April 2016 that a case file was

4 See the record of the hearing held at the Bujumbura office of the Public Prosecution Service, dated

5 November 2015, attached to the case file.

5 A copy of this complaint is attached to the case file.

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finally opened. Requests were subsequently made for further investigative steps, but these

were unsuccessful and no action was taken by the Public Prosecution Service. Since

November 2017, the case file has been missing.

2.12

On 22 August 2018, Ntahangwa Tribunal de Grande Instance sentenced the

complainant to life imprisonment for illegal possession of a firearm and membership of an

armed gang. The complainant lodged an appeal against this conviction, but his appeal was

still pending at the time the present complaint was submitted to the Committee.

Complaint

3.1

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

and 11 to 15 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

The complainant states that although he has repeatedly reported the torture to which

he was subjected and lodged a formal complaint in that regard, no action has been taken by

the Public Prosecution Service. Almost three years after the events and two and a half years

after the complaint was lodged, the Public Prosecution Service had taken no investigative

measures and, although a case file was opened, no medical examination had been conducted

and no one had been questioned. Worse still, the case file has been missing since November

2017, despite numerous requests for access made to the Public Prosecution Service in

November and December 2017 and March 2018. The complainant argues that this

unreasonable delay justifies his failure to exhaust domestic remedies, which have proved

ineffective and futile.

3.3

According to the complainant, the abuse to which he was subjected caused him acute

physical and psychological pain and suffering. These acts of torture, which were intentionally

inflicted on him by agents of the National Police Force and the National Intelligence Service,

were intended to extract information from him about his alleged membership of and role

within an armed opposition group. The complainant claims that this abuse amounts to torture

within the meaning of article 1 of the Convention.

3.4

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. Following his arrest, the complainant was taken into custody on the premises of

the National Intelligence Service, without any official record of his detention. For the

duration of his detention on the premises of the National Intelligence Service, he did not

receive adequate care and was unable to contact his relatives. The complainant was not

assisted by a lawyer during the two interrogation sessions held at the National Intelligence

Service. Despite amendments to the Criminal Code, torture remains subject to a 20- or

30-year statute of limitations, posing a legal obstacle to its effective prevention. Moreover,

despite the complainant’s reports, the State Party has not fulfilled its obligation to investigate

the acts of torture to which he claims to have been subjected and to bring the persons

responsible for these acts to justice. Accordingly, the complainant submits that the State Party

has failed to take the measures, including the legislative measures, required under article 2 (1)

of the Convention.

3.5

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, inter alia, in the following facts: at the

time of his arrest the complainant was not notified of his rights; during his detention on the

premises of the National Intelligence Service, he was unable to exercise his visiting rights;

he was not assisted by a lawyer during the two interrogation sessions; he did not receive

healthcare until he was transferred to Mpimba Central Prison; he did not have access to

effective remedies to address the acts of torture to which he was subjected; and he was and

continues to be detained in appalling conditions.

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3.6

The complainant claims that although the Burundian authorities were informed of the

torture to which he had been subjected, as he had reported it to agents of the National

Intelligence Service, the investigating judge, the trial judges and the staff of Mpimba Central

Prison and had lodged a formal complaint on 17 April 2016, they did not conduct a prompt

and effective investigation into his allegations, in violation of the State Party’s obligations

under article 12 of the Convention. The complainant also claims that the State Party did not

respect his right to submit a complaint to and have his case promptly and impartially

examined by its competent authorities, in breach of its obligations under article 13 of the

Convention.

3.7

With regard to article 14 of the Convention, the complainant is of the view 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 by article 14. 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 non-application of the article of the Code of Criminal Procedure

providing for compensation for victims of torture, in violation of article 14 of the

Convention. 6 In 2016, it reiterated its concerns about the need to guarantee adequate

compensation in accordance with article 14.7

3.8

The complainant further alleges that the State Party also violated article 15 of the

Convention. He was clearly subjected to torture for the purpose of extracting a confession,

as evidenced by the fact that the torture ceased only once he signed police-prepared

statements under duress. These coerced confessions formed the basis of his prosecution for

illegal possession of a firearm and membership of an armed gang. The circumstances under

which the statements were obtained have never been investigated and the confessions he

made were not rendered invalid. On the contrary, they were used in the court of first instance

to convict him.

3.9

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 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 points out that the appalling conditions of detention in the cells of the National

Intelligence Service, where he was denied any medical care, and in Mpimba Central Prison,

where he continues to be held, in and of themselves constitute 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. 8 He

therefore concludes that the conditions of detention to which he was and continues to be

exposed amount to a violation of article 16 of the Convention.

State Party’s observations on admissibility

4.

In its observations of 26 August 2022, submitted to the Committee on 10 October

2022, the State Party challenged the admissibility of the communication. It argues that the

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

the complainant’s case, which was opened following the submission of his criminal

complaint of 17 April 2016, is still under investigation. According to the State Party, the

complainant has decided to boycott the domestic proceedings without justification. It rejects

the complainant’s allegation that domestic remedies have been unreasonably prolonged and

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

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

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

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asserts that the complainant’s case is being investigated according to ordinary procedure

under the Code of Criminal Procedure.

Complainant’s comments on the State Party’s observations

5.

The complainant submitted his comments on the State Party’s observations on

admissibility on 14 December 2022. He notes that the State Party’s claims, which were

submitted after the deadline, are not supported by any evidence whatsoever that the

investigation is under way, even though the State Party alone is able to produce such material

as documents relating to the investigation, records and minutes of meetings. It is therefore

legitimate to call into question the very existence of any such investigation. Moreover, even

if an investigation had been under way since April 2016, a period of six years and seven

months to carry out investigative measures far exceeds a reasonable time frame. The State

Party provides no explanation as to why such a length of time should be considered

reasonable, nor does it contest any of the complainant’s arguments concerning the

ineffectiveness of domestic remedies.

State Party’s additional observations on the merits

6.

The State Party submitted its observations on the merits on 19 April 2024. It points

out that the restoration of law and order in the context of the sociopolitical crisis ongoing in

Burundi since 26 April 2015 has been the country’s priority. The State Party is currently

experiencing a surge in efforts to promote economic development and strengthen the rule of

law. In this context, the impartial and independent investigation of the complainant’s case,

which had been delayed by the crisis, will be relaunched.

Complainant’s comments on the State Party’s additional observations

7.

The complainant submitted his comments on the State Party’s observations on the

merits on 3 December 2024. He notes that the State Party provides no substantive comments

on the merits of the case.

Issues and proceedings before the Committee

Consideration of admissibility

8.1

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.

8.2

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

complaint on the ground of non-exhaustion of domestic remedies, as the complainant did not

await the outcome of the investigation opened following his complaint of 17 April 2016,

which is still under way. It 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 are reasonable grounds 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

apparently not been done in the present case, nine years after the complaint was filed. 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

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have been sufficiently substantiated in the absence of satisfactory evidence or explanations

from the State Party to the contrary.9

8.3

In the absence of relevant information from the State Party concerning any

investigative action taken in response to the complainant’s formal complaint, the Committee

cannot accept the State Party’s objection to the admissibility of the complaint.

8.4

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) and 11 to 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.10

9.2

The Committee notes the complainant’s allegation that, at the time of his arrest, he

was violently beaten by police officers for nearly an hour, receiving blows from truncheons

and rifle butts and being kicked across his body. It also notes that: (a) his suffering was

exacerbated by the lack of adequate care and the unsanitary conditions of detention on the

premises of the National Intelligence Service; (b) officers of the National Intelligence Service

repeatedly beat him with clubs and iron rods; and (c) he was detained in appalling conditions

on the premises of the National Intelligence Service and denied access to medical care for six

days before being transferred to Mpimba Central Prison, where he continues to be detained

in terrible conditions. The Committee also notes that according to the complainant, during

the six days he spent in detention on the premises of the National Intelligence Service, he

was denied access to a lawyer and his family. The Committee recalls that according to its

jurisprudence, to prevent torture, all persons deprived of liberty have the right to be provided

promptly with independent legal and medical assistance and must be allowed to contact their

relatives.11 The Committee likewise notes the complainant’s allegations that the beatings

caused him severe suffering, including emotional and psychological suffering, and were

deliberately inflicted by State officials in order to extract confessions from him and to

intimidate and punish him. It further notes that these allegations have not been contested by

the State Party. In the light of these circumstances, the Committee concludes that the facts as

presented by the complainant constitute torture within the meaning of article 1 of the

Convention.12

9.3

The Committee notes the complainant’s claims under 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

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.13

In the present case, the Committee also notes the complainant’s allegations regarding his

treatment by State agents during his arrest and subsequent detention on the premises of the

National Intelligence Service, throughout which he was forbidden to contact his family and

denied access to legal counsel and a doctor. The Committee further notes that the State Party

has not taken any measures to protect the complainant. Lastly, the State authorities have taken

no steps to investigate the acts of torture to which the complainant was subjected or to apply

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

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

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

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

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

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

para. 21.

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appropriate penalties, despite the allegations he made in this regard to the investigating judge

and subsequently in a formal complaint and before the courts. In this respect, the Committee

notes that although the complainant’s formal complaint led to the opening of an investigation,

this investigation is still being pursued nine years later, without the State Party demonstrating

that any investigative measures have been taken. In the light of the foregoing, the Committee

finds a violation of article 2 (1), read in conjunction with article 1, of the Convention.14

9.4

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

Convention, which requires the State Party 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, with a view

to preventing torture, has been violated. The complainant claims, in particular, that:

(a) despite the severity of his condition at the moment of his arrest and after the two rounds

of interrogation on 31 October and 1 November 2015, he did not receive medical care; (b) he

did not have access to a lawyer during these two rounds of interrogation on the premises of

the National Intelligence Service; (c) he was arrested without being informed of the charges

against him; (d) he did not have access to effective remedies to address the acts of torture;

and (e) he was detained in appalling conditions on the premises of the National Intelligence

Service and continues to be detained in such conditions in Mpimba Central Prison. The

Committee recalls its concluding observations on the second periodic report of Burundi,

adopted in 2014, and those on the third periodic report of Burundi, adopted in 2023, in which

it expressed concern about the excessive length of time during which people may be held in

police custody, numerous instances in which the allowable duration of police custody has

been exceeded, failures to keep registers on persons in custody and to ensure that such records

are complete, failures to comply with fundamental legal safeguards for persons deprived of

liberty, the absence of provisions that ensure access to a doctor and to legal assistance for

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

reviews of its legality and of any limit on its total duration.15 In the absence of any relevant

information to the contrary from the State Party and considering the information submitted

by the complainant, namely that at the time of his deprivation of liberty he was not informed

of his rights, that during his detention on the premises of the National Intelligence Service he

was not allowed to receive visits, that he was not assisted by a lawyer during the two

interrogation sessions, that he received no medical treatment before being transferred to

Mpimba Central Prison, that effective remedies were not available to address the acts of

torture to which he was subjected and that he has been and continues to be detained in

appalling conditions, the Committee considers that the State Party has failed in its obligation

to exercise the systematic review required by article 11 of the Convention and that this failure

has resulted in harm to the complainant. The Committee therefore finds a violation of

article 11 of the Convention.16

9.5

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

complainant’s allegations that on 31 October 2015 he was arrested and violently beaten by a

group of around twenty uniformed police officers, tortured during two rounds of interrogation

on the premises of the National Intelligence Service and has continued to be subjected to

ill-treatment throughout his detention. Although he reported this torture to the investigating

judge on 5 November 2015 and subsequently to the trial judges and in a formal complaint

and appeared in court with visible signs of torture, an investigation was opened only after he

lodged a formal complaint in April 2016 and no investigative action has been taken after nine

years. The Committee is of the view that such a long delay in opening and conducting 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 are reasonable grounds to

believe that an act of torture has been committed.17 In the absence of any concrete evidence

14 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.

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

16 Nshimirimana v. Burundi (CAT/C/79/D/1039/2020), para. 8.4.

17 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.

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from the State Party that an investigation has been carried out, the Committee finds a

violation of article 12 of the Convention.

9.6

In view of the preceding findings, the State Party has also failed in its responsibility

under article 13 of the Convention to uphold the right of the complainant to lodge a complaint

and to have his case considered promptly and impartially by the competent authorities.18 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. 19 The Committee also notes that despite the opening of an investigation

following the complainant’s submission of a formal complaint, the State Party has not

provided any concrete information demonstrating that any investigative measures have been

taken in relation to the complaint, even after nine years. The Committee concludes that the

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

9.7

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.20 In the

present case, given 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.21

9.8

With regard to article 15 of the Convention, the Committee has taken note of the

complainant’s claim that the judicial proceedings against him and his subsequent conviction

on 22 August 2018 for illegal possession of a firearm and membership of an armed gang were

based on confessions extracted under torture on 31 October and 1 November 2015. The State

Party has provided no arguments against this claim. The Committee recalls that the generality

of the terms of article 15 of the Convention derives from the absolute nature of the prohibition

of torture and therefore implies an obligation for every State Party to verify that statements

included in proceedings under its jurisdiction were not made under torture.22 The Committee

notes that the complainant brought to the attention of the judicial authorities on numerous

occasions the ill-treatment to which he was subjected, without success. The State Party,

which does not refute any of the complainant’s claims, had an obligation to verify the

substance of the author’s claim that his confessions had been obtained through torture. By

failing to carry out such verifications and by using these confessions in the judicial

proceedings against him, the State Party violated its obligations under article 15 of the

Convention 23 and continues to violate these obligations by keeping the complainant in

detention on the basis of this conviction.

9.9

Regarding the claim made under article 16 of the Convention, the Committee has

taken note of the complainant’s allegations concerning the detention conditions in the cells

of the National Intelligence Service and in Mpimba Central Prison. In the absence of any

relevant information from the State Party, the Committee concludes that the information

provided demonstrates that these conditions constitute inhuman and degrading treatment24

18 Niyonzima v. Burundi, para. 8.5.

19 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.

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

21 Ndarisigaranye v. Burundi, para. 8.7.

22 Ktiti v. Morocco (CAT/C/46/D/419/2010), para. 8.8, P.E. v. France (CAT/C/29/D/193/2001),

para. 6.3, and Niyonzima v. Burundi, para. 8.7.

23 Niyonzima v. Burundi, para. 8.7, and A.N. v. Burundi (CAT/C/60/D/612/2014), para. 7.10.

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

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

Convention.25

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) and 11 to 15, read in conjunction

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

11.

The Committee urges the State Party to: (a) thoroughly and impartially complete the

ongoing investigation into the allegations of torture, ensuring it is conducted by an

independent body and takes due account of the guidance 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 treatment to which the complainant was subjected; (c) quash the

complainant’s conviction and order his immediate release; (d) provide the complainant with

appropriate redress, including compensation for material and non-material damage,

restitution, rehabilitation, satisfaction and guarantees of non-repetition; and (e) 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.

25 Ndarisigaranye v. Burundi, para. 8.8, Niyonzima v. Burundi, para. 8.8, and Ntikarahera v. Burundi,

para. 6.6.