CAT/C/56/D/578/2013
remain unpunished. Accordingly, the Committee finds a violation of article 2 (1), read
in conjunction with article 1 of the Convention. 7
7.6 The Committee also notes the complainant’s argument that article 11 wa s
violated because the State party failed to properly oversee the treatment he received
while in detention. In particular, he claims that he was not formally arrested but rather
placed in police custody; that he was not informed of the charges against him; that his
detention was unlawful; and that he was not examined promptly by a doctor, despite
his critical condition. The Committee recalls its concluding observations regarding the
second periodic report of Burundi, in which it expressed concern at: the ex cessive
length of time during which people can be held in police custody; numerous instances
in which the allowable duration of police custody has been exceeded; failures to keep
registers on persons in custody or failures to ensure that such records are c omplete;
failures to comply with fundamental legal safeguards for persons deprived of their
liberty; the absence of provisions that guarantee access to a doctor and access to legal
assistance for persons of limited means; and the excessive use of pretrial detention in
the absence of regular reviews of its legality and of any limit on its total duration (see
CAT/C/BDI/CO/2, para. 10). The Committee observes that the complainant appears to
have been deprived of any form of judicial oversight. In the absence o f any 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.
7.7 With regard to articles 12 and 13 of the Convention, the Committee has noted
that an investigation into the facts of the case was initiated promptly the day after the
events in question. The Committee also notes the complainant’s allegations that the
investigation was vitiated by a number of shortcomings, including the legal
classification of the acts concerned; the fact that only one of the five police officers
under suspicion was investigated; the fact that, even though the case was referred to
the Rohero local court on 13 December 2012, the case has not yet been heard; and the
fact that, almost three years after the proceedings were initiated, the judicial
authorities have taken no action against the only police officer to have been
investigated. The State party contests the referral of the case to the Committee by the
complainant on the grounds that the latter has filed a complaint with the domestic
authorities, but it has provided no evidence which might help the Committee to
ascertain what progress has been made, to judge how effective the procedure might be
or to explain the reasons for such a delay. The Committee considers that such a long
delay is clearly in breach of 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. 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 complainant’s
right to lodge a complaint, which presupposes that the authorities provide a proper
response to such a complaint by launching a prompt and impartial investigation. 8
7.8 With regard to article 14 of the Convention, the Committee has taken note of the
complainant’s claim that he has not been provided with any type of rehabilitation
measure designed to ensure that he recovers as fully as possible in physical,
psychological, social and financial terms. The Committee recalls that article 14 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 its general comment No. 3 (2012) on the implementation of article 14 by States
parties, in which it establishes that States parties shall ensure that victims of torture or
7
8
GE.16-01380
See, inter alia, communication No. 522/2012, Gahungu v. Burundi, decision adopted on 10 August
2015, para. 7.6.
See Gahungu v. Burundi, para. 7.8.
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