Moreover, the State party should clarify, as a matter of urgency, the mandate of the National
Intelligence Service within the framework of the ongoing reform of the judiciary in order to prevent
any use of the Service as a means of political repression and ensure that its officials do not engage in
criminal investigation.
(11) The Committee is alarmed at reports of large-scale sexual violence against women and children by State
officials and members of armed groups, as well as at the systematic use of rape as a weapon of war, which
constitutes a crime against humanity. In this regard, according to information received, a large number of victims of
rapes were identified between October 2005 and August 2006. Moreover, the Committee is deeply concerned at the
apparent impunity enjoyed by the perpetrators of such acts. The Committee is also concerned at the extrajudicial or
amicable settlement of rape cases, including by the administrative authorities, when emphasis is placed on practices
such as marriage between rapist and victim (arts. 2, 4, 12 and 14).
The State party should take vigorous measures to eliminate the impunity enjoyed by the perpetrators
of acts of torture and ill-treatment, whether they are State officials or non-State actors; conduct timely,
impartial and exhaustive inquiries; try the perpetrators of such acts and, if they are found guilty,
sentence them to punishment commensurate with the gravity of the acts committed; and provide
adequate compensation to the victims. Moreover, the State party should guarantee that victims have
access to the means required for their fullest possible rehabilitation.
The State party should take the necessary measures to include in its Criminal Code a provision
criminalizing acts of violence, including domestic violence and sexual violence, and especially rape, in
accordance with article 4 of the Convention.
(12) The Committee is concerned at the judiciary’s de facto dependence on the executive, which poses a major
obstacle to the immediate institution of an impartial inquiry when there are substantial grounds for believing that an
act of torture has been committed in any territory under its jurisdiction. In this regard, the Committee is concerned at
the decision of the Attorney-General overruling the Supreme Court’s decision to release on bail the seven persons,
including the former transitional President, Mr. Domitien Ndayizeye, who were being held for attempting a coup.2
The Committee is also concerned at reports that several of the detainees have been tortured. Lastly, the Committee
is concerned at the fact that the Attorney-General is able, in certain circumstances, to influence judicial decisions
(arts. 2 and 12).
The State party should adopt effective measures to guarantee the independence of the judiciary in
accordance with the relevant international norms. The State party should also conduct an immediate
and impartial inquiry pursuant to reports that several of the persons detained for allegedly attempting
a coup were subjected to torture. The State party should also fulfil its obligation to respect the
decisions of the Supreme Court.
(13) The Committee takes note of the delegation’s announcement that the State party intends to raise the age of
criminal responsibility from 13 to 15 years. The Committee is nevertheless concerned at the absence of a juvenile
justice system, and at the fact that children are often subject to the same procedures as adults. In this regard, the
Committee notes with concern that a child accused of a criminal offence is obliged to wait for a very long time
before being tried and that the length of pretrial detention for children often exceeds the length of the maximum
prison terms that they could receive if found guilty (art. 2).
The State party should take the necessary measures to raise the minimum age of criminal
responsibility in order to bring it into line with the generally accepted international norms on the
subject. The State party should also guarantee the proper functioning of a juvenile justice system by
treating minors in a manner appropriate to their age, in conformity with the United Nations Standard
2
Report of the Secretary-General to the Security Council on the United Nations Operation in Burundi (UNOB),
S/2006/842, paras. 15-18, 25 October 2006.
10
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