CEDAW/C/55/D/35/2011 5.2 The author submits that the Committee, through its general recommendations Nos. 12 and 19, has provided significant guidance on issues of violence against women. More importantly, the Committee has concluded in several cases that State parties have a “positive obligation” to provide effective protection with regard to the right to security of the person 9 and the Committee has dealt with several cases involving gender-related crimes, especially rape. 10 The author further submits that rape committed in wartime can amount to a crime against humanity or a form of torture. 5.3 The author submits that the questions of positive obligations by the State party and the extraterritorial effect of the provisions of the Convention have been raised before the Committee in previous cases. In communication No. 26/2010, the Government of Canada argued against the extraterritorial effect of the Convention. The communication was, however, considered inadmissible for other reasons and the Committee therefore never reached a conclusion on the extraterritorial applicability of the Convention. 5.4 The author submits that, under the Convention, the State party must not only prosecute violations such as rape and other forms of gender-specific violence, but also protect women on its territory against deportation to a third country where women cannot receive such protection. The extraterritorial effect of the Convention can be invoked, in the author’s opinion, when violations are gender-specific crimes against humanity and/or torture. In such instances, States parties cannot deport women to such countries, given that to do so would be to act in breach of the Convention. 5.5 The author submits that the State party lacks the most up-to-date information on the human rights situation in Burundi. According to the author, political violence is increasing, as is impunity for its perpetrators, including members of youth militias. She refers to reports about extrajudicial killings in Burundi 11 and alleges that, during what she terms the “Ruziba massacre” in July 2010, the army sent combat helicopters and troops to Ruziba to arrest the killers of two members of the ruling party. 12 The author further refers to two reports by Amnesty International on the issue of rape in Burundi 13 and notes that, in its 2010 annual report, Centre Seruka reported that “at least 1,397 women ha[d] been raped in Bujumbura and the surrounding area”. The author also submits that the universal periodic review of Burundi in 2008/09 cited crimes against humanity, rape and violence against women. The Committee against Torture, in its 2007 report on Burundi, also referred to “rape as a crime against humanity”. The Committee on the Elimination of Discrimination against Women addressed the same issue in its 2008 report. 14 __________________ 9 10 11 12 13 14 8/20 The author refers to communication No. 2/2003, A. T. v. Hungary, para. 9.3. The author refers to communication No. 18/2008, Vertido v. Philippines. The author refers, among others, to a May 2010 report by Human Rights Watch, entitled “We’ll tie you up and shoot you”, and to a report by the Special Representative of the SecretaryGeneral for Liberia, Karin Landgren. No further detail or an explanation is provided by the author. The author refers to a 2004 report entitled “Burundi: rape — the hidden human rights abuse” and a 2007 report entitled “Burundi: no protection from rape in war and peace”, both by Amnesty International. CEDAW/C/BDI/CO/4. 13-43086