CAT/C/55/D/553/2013
plot and was forced to sign a confession concerning his participation in the
preparation of the alleged coup d’état. It was on the basis of those confessions that
proceedings were brought against him and that he was convicted of military
conspiracy. The authorities did not take his allegations of torture into account and did
not investigate the methods used to obtain the confessions. Therefore, the complainant
maintains that the State party violated article 15 with respect to his case.
3.15 The complainant reiterates that the violence to which he was subjected
constituted torture as defined in article 1 of the Convention. Nevertheless, and
alternatively, even if the Committee were not to characterize it as such, he maintains
that the abuse he suffered constituted cruel, inhuman or degrading treatment and,
accordingly, that the State party was obliged, under article 16 of the Convention, to
prevent and punish the commission, instigation or tolerance of such acts by public
officials. Furthermore, the complainant recalls that he was held at the First Military
Region headquarters, at the Muha camp and then in prisons in Bubanza and
Bujumbura in deplorable conditions. He also refers to the concluding observations of
the Committee, following the State party’s initial report, in which the Committee
noted that conditions of detention in Burundi amounted to inhuman and degrading
treatment (see CAT/C/BDI/CO/1, para. 17). He further recalls that he did not receive
medical treatment and that he was reincarcerated while still convalescing. In
conclusion, he maintains that, by subjecting him to detention that amounted to
inhuman and degrading treatment, the State of Burundi did not fulfil its obligations
under article 16.
State party’s observations on admissibility and merits
4.1 On 16 August and 14 October 2013, the State party submitted observations on
the admissibility and merits of the communication. The State party notes firstly that
the communication should be declared inadmissible since the complainant has not
exhausted domestic remedies. The various appeals which he has lodged with the
political and administrative authorities do not constitute recourse to judicial remedies,
since none of the authorities to which the appeals were submitted were competent to
give a ruling on the case. The only valid appeal lodged by the complainant was the
complaint filed with the Military Prosecutor on 7 November 2012, less than one year
ago. Instead of awaiting the outcome of the investigations, the complainant has
applied in haste to the Committee. The appeal is still under consideration by the
Military Prosecutor, and the State party invites the complainant to cooperate with the
justice system in establishing the facts.
4.2 On the merits of the case, the State party maintains that the arguments of the
complainant are the result of his imagination or are based on insufficient information.
4.3 On 14 October 2013, the State party submitted additional observations on the
merits of the complaint. It notes in the first place that the complaina nt has brought no
proof to substantiate his allegations of torture. He was caught in the act of attempting
to destabilize institutions of the State and his responsibility, as well as that of his co accused, was established by all the jurisdictions. The injuries sustained by some of the
alleged putschists were caused by their resisting security officers. “If they had
willingly surrendered, they would not have been subjected to the many misadventures
which they have improperly termed torture”. During their arrest, the “suspected
conspirators”, who were carrying firearms, resisted the SNR agents, which led to
altercations. The measures taken by the SNR agents in order to avoid being killed or
injured must be considered as acts of self-defence, and not as torture inflicted on the
detainees.
4.4 The conditions of detention, which are due to a lack of resources and are
experienced by all detainees in Burundi, cannot be defined as torture. The complainant
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