CAT/C/62/D/493/2012
evidence from the State party that it did supervise the complainant’s detention, the
Committee finds that the State party has violated article 11 of the Convention. 18
8.5
As for articles 12 and 13 of the Convention, the Committee has taken note of the
complainant’s claims that he was detained without legal grounds from 2 to 9 August 2006,
when he was brought before the public prosecutor and formally charged with involvement
in an attempted coup d’état. Notwithstanding the fact that he filed a complaint on 22
September 2006 with the Attorney General’s Office, that the complaint was supported by a
medical report requested by the investigating judge and indicating that he had probably
been subjected to torture, and that the facts were widely known and reported by various
people, including a minister of the Government of the State party, no investigation has been
carried out, more than 11 years after the events. The Committee considers that so long a
delay in initiating an investigation into allegations of torture is patently unjustified. It also
rejects the State party’s argument that the lack of progress in the investigation can be put
down to a lack of cooperation on the part of the complainant or his lawyer. The Committee
draws attention to the State party’s obligation under article 12 of the Convention to ensure
that its competent authorities proceed ex officio to a prompt and impartial investigation
wherever there is reasonable ground to believe that an act of torture has been committed. 19
In the present case, the Committee finds a violation of article 12 of the Convention.
8.6
By failing to meet this obligation, the State party has also failed to fulfil its
responsibility under article 13 of the Convention to guarantee the right of the complainant
to lodge a complaint, which presupposes that the authorities provide a satisfactory response
by launching a prompt and impartial investigation. 20 The Committee therefore also finds a
violation of article 13 of the Convention.
8.7
Regarding the complainant’s claims under article 14 of the Convention, the
Committee recalls that this article not only recognizes the right to fair and adequate
compensation but also requires States parties to ensure that the victim of an act of torture
obtains redress. The Committee recalls that redress should cover all the harm suffered by
the victim and should encompass, among other measures, restitution, compensation and
guarantees of non-repetition of the violations, taking into account the circumstances of the
individual case.21 In the present case, in the absence of a prompt and impartial investigation,
despite clear material evidence that the complainant was the victim of acts of torture which
have gone unpunished, the Committee concludes that the State party has also failed to fulfil
its obligations under article 14 of the Convention.
8.8
Regarding the complaint under article 16, the Committee has taken note of the
complainant’s allegations that he was detained from 2 to 9 August 2006 on the premises of
the National Intelligence Service in a cramped room shared with 12 other detainees in
appalling sanitary conditions and denied access to a doctor, despite asking for one and
despite his worrying state of health. He further claims that on 9 August 2006 he was
transferred to Mpimba prison, which is characterized by overcrowding and insanitary
conditions that amount to inhuman and degrading treatment. In the absence of any relevant
information from the State party in this regard, the Committee concludes that the facts in
the present case disclose a violation by the State party of its obligations under article 16 of
the Convention.22
9.
The Committee, acting under article 22 (7) of the Convention, concludes that the
facts before it disclose a violation of article 1, read alone and in conjunction with article 2
(1), and articles 11 to 14 and 16 of the Convention.
10.
Pursuant to rule 118 (5) of its rules of procedure, the Committee urges the State
party to launch an impartial investigation into the events in question, with a view to
bringing those allegedly responsible for the victim’s treatment to justice, and to inform it,
18
19
20
21
22
10
See E.N. v. Burundi (CAT/C/56/D/578/2013), para. 7.6.
See, inter alia, Niyonzima v. Burundi, para. 8.4. See also Kabura v. Burundi (CAT/C/59/D/549/2013),
para. 7.4.
Niyonzima v. Burundi, para. 8.5.
Ibid., para. 8.6. See also Ntikarahera v. Burundi (CAT/C/52/D/503/2012), para. 6.5.
See, inter alia, Niyonzima v. Burundi, para. 8.8; and Ntikarahera v. Burundi, para. 6.6.
GE.18-00819