CAT/C/52/D/503/2012
and thus proceeds to its consideration of the merits of the claims submitted by the
complainant under articles 2 (para. 1), 11, 12, 13, 14 and 16 of the Convention.
Consideration of the merits
6.1
The Committee has considered the complaint in the light of all the information made
available to it by the parties in accordance with article 22, paragraph 4, of the Convention.
As the State party has not provided any observations on the merits, due weight must be
given to the complainant’s allegations.
6.2
The Committee notes that, according to the complainant, on the night of 17 October
2010, the mayor of Bujumbura, the municipal police commissioner of Bujumbura and 11
national police officers arrived at Prince Regent Charles Hospital, where the complainant
was working. During the subsequent altercation, the mayor and the police officers struck
him repeatedly, leaving him bleeding and in severe pain. Referring to the victim, the mayor
ordered his men to “finish off this drug addict”. The complainant was then handcuffed, put
into a vehicle and beaten until he lost consciousness on the way to the jail of the criminal
investigation police. The Committee has taken note of the complainant’s allegations that the
blows he received caused extreme pain and mental suffering and were deliberately inflicted
by agents of the State with the objective of punishing and intimidating him. In the absence
of any refutation by the State party, the Committee concludes that due weight must be
given to the complainant’s allegations and that the events in question, as described by the
complainant, constitute acts of torture within the meaning of article 1 of the Convention.
6.3
The complainant also invokes article 2, paragraph 1, of the Convention, under which
the State party is enjoined to “effective legislative, administrative, judicial or other
measures to prevent acts of torture in any territory under its jurisdiction”. The Committee
observes, in the case in question, that the complainant was beaten, then detained without
being allowed to contact his family or being given access to legal or medical assistance.
The Committee recalls its concluding observations concerning the State party’s initial
report, in which it called on the State party to take legislative, administrative and judicial
measures to prevent torture and ill-treatment and to take steps, as a matter of urgency, to
bring all places of detention under judicial control and to prevent its officials from making
arbitrary arrests and from engaging in torture.21 The apparent lack of any mechanism to
provide oversight of the criminal investigation police jail where he was held without doubt
exposed him to an increased risk of being subjected to torture and deprived him of any
possible remedy. The Committee consequently finds a violation of article 2, paragraph 1,
read in conjunction with article 1 of the Convention.22
6.4
With regard to articles 12 and 13 of the Convention, the Committee has taken note
of the complainant’s claims that, on 17 October 2010, he was beaten and detained by police
officers who were accompanying the mayor of Bujumbura and was held without legal
justification until 20 October 2010. He lodged formal complaints with the Public Prosecutor
on 5 November 2010, and with the President of the Supreme Court on 22 July 2011 and 2
February 2012, with no result. Although the perpetrators were clearly identified, the State
party has still not conducted any investigation four years after the incidents in question. The
Committee considers that so long a delay in initiating an investigation into allegations of
torture is patently unjustified and clearly breaches the State party’s obligations under article
12 of the Convention, which requires it to proceed to a prompt and impartial investigation
wherever there is reasonable ground to believe that an act of torture has been committed.
21
22
10
CAT/C/BDI/CO/1, para. 10.
See communication No. 376/2009, Bendib v. Algeria, decision adopted on 8 November 2013, para.
6.4.
GE.14-04314