CAT/C/55/D/553/2013
while pointing a weapon at his head. When he was tied up with his hands behind his
back, having been completely overpowered by the State officials, they dealt him
further blows to the head, sometimes with the butts of their rifles. The force of the
blows caused the complainant to lose consciousness for several minutes. After being
taken to First Military Region headquarters, he was interrogated and, fearing further
abuse, signed statements attesting to his involvement in planning a coup d’état. The
day after his arrest, he was put in a room with no ventilation or window. He was
denied contact with the outside world until 1 February 2010.
7.3 The Committee observes that the State party has merely denied and minimized
the complainant’s allegations of torture, without producing any convincing evidence to
refute the acts described. Furthermore, the Committee notes the State party’s argument
that the injuries sustained by the complainant were caused by his resistance to law
enforcement officials. However, corroborated and credible evidence reveal s that the
injuries occurred while the claimant was under the control of the State party’s
authorities. The Committee thereby deduces that acts of torture were inflicted on the
complainant at the time of his arrest, as well as during subsequent interrogations, and
concludes that all of these acts constituted a violation of article 1 of the Convention.
7.4 Regarding article 16, the Committee has taken note of the complainant ’s claim
that the detention conditions he had to endure at First Military Region headquarters,
Camp Muha and Bubanza and Bujumbura prisons were deplorable (paras. 2.9, 2.13,
2.15 and 2.19). Moreover, the complainant did not receive the prompt medical care
that his condition required. The Committee recalls its concluding observations on the
second periodic report of the State party, in which it expressed alarm at the conditions
of detention (see CAT/C/BDI/CO/2, para. 15). In the circumstances, the Committee
concludes that the detention conditions to which the complainant was exposed from
the time of his arrest on 29 January 2010 to his release on 24 December 2012
constituted a separate violation of article 16 of the Convention.
7.5 The complainant also invokes article 2, paragraph 1, of the Convention, under
which the State party is required to take effective legislative, administrative, judicial
or other measures to prevent acts of torture in any territory under its jurisdiction. The
Committee observes in this respect that the complainant was severely beaten and then
detained without being allowed to contact his family immediately or have access to
legal or medical assistance. It was not until 14 February 2010 that he was brought
before a judge, to whom he complained of the torture he had suffered. Even though the
authorities have been fully informed of the acts perpetrated against X, the torture
inflicted on him remains unpunished and, more than five years after the acts were
committed, there is no indication that an independent and effectiv e investigation has
been launched. In this respect, the Committee recalls its jurisprudence to the effect
that the State party has an obligation to carry out a prompt and impartial investigation
wherever there is reasonable ground to believe that an act of torture has been
committed. 18 The Committee consequently finds a violation of article 2, paragraph 1,
read in conjunction with article 1 of the Convention. 19
7.6 The Committee also notes the complainant’s argument that article 11 was
violated because the State party failed to conduct proper monitoring of the treatment
he received while in detention. The Committee again recalls its latest concluding
observations on Burundi, in which it expressed concern at: the excessive length of
time during which people can be held in police custody; numerous instances in which
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18
19
14/16
See communications No. 269/2005, Ali Ben Salem v. Tunisia, decision adopted on 7 November
2007, para. 16.7; and No. 402/2009, Abdelmalek v. Algeria, decision adopted on 23 May 2014, para.
11.7.
See communication No. 514/2012, Niyonzima v. Burundi, decision adopted on 21 November 2014,
para. 8.3.
GE.15-16736