CAT/C/BDI/CO/2
Training
14.
While taking note of the replies provided by the State party, the Committee remains
concerned about the inadequate training of State officials and other relevant actors on the
provisions of the Convention. This is particularly the case with the Burundian National
Police and the National Intelligence Service, members of the judiciary, prison staff and
doctors dealing with cases of torture and ill-treatment (arts. 2, 10 and 16).
The State party should ensure that basic vocational training for officials of the
Burundian National Police and the National Intelligence Service, members of the
judiciary (including judges and lawyers) and medical and prison staff systematically
includes modules on the provisions of the Convention, the 1999 Istanbul Protocol,
techniques for investigating torture and ill-treatment and international human rights
protection standards. Such training should involve the study of specific cases and
should also focus on gender-specific violence. The State party should also carry out
assessments on a regular basis, in order to measure the effectiveness and impact of the
training provided.
Conditions of detention
15.
The Committee is alarmed at the appalling conditions of detention in places of
deprivation of liberty. It deplores, in particular: the high levels of prison overcrowding; the
failure to separate male prisoners from female prisoners, adults from minors and persons
awaiting trial from those already sentenced; the shortage of beds and sleeping space; the
poor sanitary conditions; the dilapidated state of the facilities; prisoners’ inadequate and
unbalanced diet; and the lack of health care. It further deplores the death of 263 inmates,
inter-prisoner violence and the sexual violence against women and minors perpetrated by
other inmates and guards. Lastly, the Committee is concerned about the continuing practice,
in the State party, of detaining patients in hospital for non-payment of fees (arts. 6, 11, 12
and 16).
The State party should, as a matter of urgency, reduce the prison population by,
among other things, paroling prisoners, introducing community service as a noncustodial measure, restricting the use of pretrial detention and, with the assistance of
civil society representatives, considering other alternatives to detention. The State
party should also establish the office of sentence enforcement judge and take prompt
action to ensure that prisoners are separated on the basis of age, sex and detention
regime. The State party should take the necessary action, as a matter of urgency, to
put an end to the practice of detaining patients in hospital for non-payment of fees.
Situation of refugees and asylum seekers
16.
While taking note of the information provided by the State party in its written replies
regarding the measures taken to ensure that the rights of asylum seekers are respected, the
Committee remains concerned at information to the effect that the process for determining
refugee status is not in line with the relevant international standards and that persons have
been returned to the border without being able to file an application for asylum (art. 3).
The State party should ensure that all asylum seekers are able to file applications for
asylum and to enjoy their fundamental rights, including the right to appeal a negative
decision, during the corresponding consideration process, in accordance with the
relevant provisions of the Convention. Officials responsible for processing asylum
cases should receive specific training on this subject.
GE.14-24205
5