CAT/C/55/D/553/2013 has sought to conflate the inadequacies, requirements and rigours of the prison system with what he considers to be acts of torture. For example, with respect to the alleged refusal to allow access to a doctor, the State party maintains that this was due to an error of judgement. According to prison regulations in Burundi, prisoners are authorized to make regular hospital visits, but the authorization may be refused where a detainee is suspected of feigning illness in order to attempt to escape, especially if he has been accused of a serious offence. 4.5 When it became apparent that X was genuinely ill, he received medical care, first at the prison itself and then in the Prince Regent Charles Hospital for three months from 19 March to 23 June 2010. He attended a number of specialized medical consultations. Contrary to the allegations of the complainant and in the opinion of his doctors, his illnesses were not caused by the treatment he had received following his arrest. His health problems, such as malaria, hypertension and nightmares, are also commonly found in persons who have not been detained. The medical certificates submitted by the complainant cannot be considered as evidence of torture, since they contain diagnoses of illnesses but do not state that they were caused by acts of torture. It is highly likely that X’s illnesses preceded his detention and that a relationship between his arrest and his medical conditions cannot be substantiated, even if the latter were identified while he was in prison. 4.6 The State party notes that the complainant benefited from its clemency, it having released him on parole on 24 December 2012. He had therefore only served 2 years of his 8-year sentence. During his trial, he was allowed to exercise his right to a defence and he was represented by a lawyer. He was free to pursue available avenues for appeal. He was not subjected to any act of torture in order to obtain a confession. Burundi has taken all legislative and other measures in order to prevent and punish the practice of torture. The Criminal Code of 2009 devotes a chapter to this subject. 4.7 Concerning the insults which the complainant claims to have suffered, it is quite normal that, under the circumstances and in a context of that kind, exchanges of words should take place, but it would be an exaggeration to claim that they constitute torture. Furthermore, the State party deems it appropriate to point out that threats of torture do not constitute torture unless they have been carried out. If the complainant maintains that he was forced to confess to the events before an investigating judge, he did not do so under threat of torture, but simply because he could not do otherwise since one of his co-detainees had already admitted the facts before he did. 4.8 The State party rejects the allegations of the complainant under article 2, paragraph 1, of the Convention since the records of detainees are regularly updated, both in police cells and in prisons. Furthermore, there is a pool of defence lawyers who are available — free of charge — to anyone in needy circumstances. In addition, the complainant received visits from his family just like other prisoners; he was also given temporary permits to leave the prison, and was even able to lodge judicial and administrative appeals and to send petitions to human rights organizations. He was also provided with medical care, since the Burundian Government allocates a substantial budget to the health of detainees. His argument that his admission to hospital was delayed is debatable, since the infirmary services were looking after him and it was for them to decide when hospitalization was warranted. His return to prison was effected only following the agreement of the attending physician. The decision was not taken by the prison administration, as the complainant maintains. 4.9 With respect to the complainant’s argument that his hospitalization prevented him from appearing at his trial, the State party notes that he was able to lodge an appeal concerning the decision and to defend himself. GE.15-16736 11/16