CAT/C/55/D/553/2013
the torture to which he had been subjected through the public denunciations and
questions raised by human rights organizations, and through his own complaints
before the judges. At the first hearings before a judge on 14 February and 1 March
2010, he complained of the torture he had suffered. His body was covered with the
visible marks of torture and he still had great difficulty in walking 16 days after the
violence to which he had been subjected. The judges would have been able to see for
themselves that he had been tortured. Similarly, at the following hearing before a
judge on 1 March 2010, the victim again reported that he had been subjected to
torture. The authorities did not, however, take the allegations into account , no expert
was summoned and no investigation was opened concerning the events reported.
3.11 In his submissions of 21 September and 26 October 2010 in the appeal to the
military court, and subsequently in the appeal to the Supreme Court, X again
complained of the torture to which he had been subjected, supporting his allegations
with a medical certificate. Faced with the inaction of the judicial authorities, on 7
November 2012 he submitted a complaint to the Chief Military Prosecutor concerning
the injuries he had suffered at the hands of public officials. Nevertheless, to this day,
over three years after the events, 16 no investigation has been initiated. The
complainant has never been called to testify and the perpetrators, who would be easily
identifiable, have never been troubled by the law. The complainant concludes that,
since it has not carried out a genuine, prompt and effective investigation of the
allegations of the torture he had suffered, the State party has acted without regard for
its obligations under article 12 of the Convention.
3.12 With respect to article 13 of the Convention, the complainant maintains that the
State party was obliged to guarantee his right to bring a complaint before its
competent authorities and to ensure that it was promptly and impartially examined.
However, in the present case, and despite the formal complaints submitted (as outlined
above), no action has been taken in response. The State of Burundi has thus not
examined the complainant’s allegations of torture promptly and impartially, in
violation of article 13 of the Convention.
3.13 The complainant also invokes article 14 of the Convention, since the State party,
in preventing him from initiating criminal proceedings has, by the same token,
prevented him from obtaining compensation for torture. Furthermore, given the failure
of the judicial authorities to take action, other remedies, such as seeking compensation
through a civil suit for damages, would have no realistic prospect of success. The
Burundian authorities have taken few measures to compensate victims of torture, a
point raised by the Committee in its concluding observations of 2006 concerning the
State party’s initial report (see CAT/C/BDI/CO/1, para. 23). The complainant further
states that he has received no assistance that would enable him to achieve as full
rehabilitation as possible with respect to his physical, psychological, social and
financial well-being. He has not been allowed to return to the army and has
encountered significant difficulties in resuming professional and social activity. In
addition, the fact that the crimes committed against him remain unpunished, that his
torturers have been neither convicted nor prosecuted, and that they have not been the
subject of any investigation nor even troubled by the law, demonstrates that there has
been a violation of his right to redress under article 14 of the Convention.
3.14 With reference to the Committee’s jurisprudence, 17 the complainant also invokes
article 15 of the Convention. He maintains that the purpose of the torture to which he
was subjected was to intimidate him during the ensuing interrogation in order to
obtain a confession of his involvement in the alleged attempt ed coup d’état. He was
also openly threatened with further torture if he did not admit his involvement in the
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17
GE.15-16736
More than five years at the present time.
Communication No. 193/2001, P.E. v. France, decision adopted on 21 November 2002.
9/16