CAT/C/52/D/503/2012 2.6 After that first visit, the complainant’s colleagues notified Radio Publique Africaine (RPA). On 18 October 2010, a journalist visited the complainant, and the news of his beating and detention was broadcast on the radio the same day. That broadcast elicited a strong reaction from the Burundian authorities: the day after the broadcast, the municipal police commissioner himself went to the radio station, where he announced, in a threatening tone, that the complainant would not be released. Following the broadcast, on 27 July 2011, journalists from RPA were brought before the Bujumbura tribunal de grande instance (court of major jurisdiction) by the Public Prosecutor’s Office on charges of having defamed the mayor and damaged his reputation, offences that are punishable under the Criminal Code. The case was still pending at the time that this complaint was submitted to the Committee. 2.7 On 20 October 2010, while the complainant was still being held in the premises of the criminal investigation police, the staff of Prince Regent Charles Hospital began a strike, with the agreement of the hospital administration, with a view to securing his release. Several hours later, the complainant was released and admitted to Prince Regent Charles Hospital for emergency treatment, as he was still suffering from throbbing pains in his head, back, the left side of his ribcage and left leg, which was swollen, and was still suffering from incontinence. Medical examinations revealed that some of his pain was caused by a hemothorax on his left side associated with a scapular injury, wounds on his wrists and on the inside of his left leg, blood in his urine and headaches.1 The complainant had to be hospitalized from 20 October to 23 November 2010, during which time he received treatment and painkillers. After he was discharged, he continued to receive treatment regularly, particularly for his left leg. In April 2011, he had to be admitted to hospital again, as his left leg was still very painful and he had not recovered full mobility. He had to undergo surgery on his leg and remained in hospital from 3 April to 5 May 2011.2 Nevertheless, the complainant still has pain in his left leg and has not recovered full mobility to date. 2.8 The complainant indicates that he reported the incidents to the proper authorities. Several days after his release, on 5 November 2010, he lodged a formal complaint with the Public Prosecutor concerning the beatings and his arbitrary detention.3 However, no investigation into the incidents was conducted. Eight months later, on 22 July 2011, in the absence of any follow-up to his complaint, he lodged another complaint with the President of the Supreme Court in which he requested that a summons to appear before the Court be issued, in accordance with article 106 of the Code of Criminal Procedure.4 However, the Clerk of the Supreme Court refused to register the complaint on the grounds that the complainant first had to appeal to a lower court. Yet, according to the complainant, the Supreme Court is the court that has the authority to investigate and prosecute an offence imputed to a mayor, a person who, as has been established in case law, is accorded an exemption from jurisdiction under article 138, paragraph 8, of Act No. 1/08 (the Code of Judicial Organization and Jurisdiction) of 17 March 2005. Nevertheless, there was no investigation into the incidents following the complaint. 2.9 Given the inaction of the judicial authorities, on 2 February 2012 the complainant once again applied to the President of the Supreme Court to have his complaint of torture and arbitrary detention formally registered and examined.5 The Clerk of the Supreme Court, who received his file, nonetheless refused to provide him with a receipt to serve as proof of 1 2 3 4 5 4 A medical report is attached to the complaint. Discharge papers that indicate the duration of his hospitalization are attached to the complaint. A copy is attached to the complaint. A copy is attached to the complaint. A copy is attached to the complaint. GE.14-04314