CAT/C/60/D/579/2013
considers that the sexual abuse to which the child C.N. was subjected by an official of the
State acting in his official capacity and the associated acts of intimidation fall within the
scope of article 1 of the Convention.
7.5
Having reached this conclusion, the Committee does not consider it necessary to
examine the same claims from the perspective of article 16 of the Convention, invoked by
the complainant on an alternative basis.
7.6
Regarding articles 12 and 13 of the Convention, the Committee has taken note of the
complainant’s allegations that the investigation launched in this case did not meet the
requirements for an impartial, effective and prompt inquiry. The Committee observes, first,
that an investigation was initiated promptly, as the day after the formal complaint was
lodged by the complainant, on 13 July 2012, an investigation was launched; the following
day, witnesses were interviewed. The Committee recalls, however, that under the obligation
contained in article 12 of the Convention, States parties must carry out a prompt and
impartial investigation wherever there is reasonable ground to believe that an act of torture
has been committed.
7.7
In the present case, given the speed with which the investigation was closed, the
Committee considers that there are substantial grounds for believing that the measures
taken were not impartial, as they did not seek out additional evidence making prosecution
possible. The Committe thus cannot conclude that such measures were effective. The State
party’s argument, which criticized the medical expert for not taking genetic samples (in a
medical examination that the State itself had ordered) while at the same time stating that
such techniques do not exist in Burundi, is unacceptable.
7.8
In any event, the Committee notes that, after the premature termination of the
investigation, no other suspect was arrested and brought before the courts of the State party,
meaning that the perpetrator of the rape of the child C.N. has gone unpunished, despite the
fact that the Burundian Criminal Code (art. 558) provides that rape is punishable by life
imprisonment when committed against a child under 12 years of age. The Committee finds
that a violation of article 12 of the Convention has occurred.
7.9
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 an adequate response to
such a complaint by launching a prompt and impartial investigation. 13
7.10 As for the complainant’s claims under article 14 of the Convention, the Committee
recalls that this article 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 that redress should cover all the harm suffered by the victim and
encompasses, among other measures, restitution, compensation and guarantees of nonrepetition of the violations, taking into account the circumstances of each case. 14 In the
present case, the Committee has noted the complainant’s allegation that the only
rehabilitation follow-up services received by the victim were provided by a private
association. The Committee further notes that the State party presumed to invoke the work
of that association, over which it holds no prerogatives or authority, without identifying the
measures it intends to take to meet its obligation to provide rehabilitation and redress for a
crime as serious as the rape of a child by a military officer. In these circumstances, the
Committee can only conclude that, in the absence of an effective and impartial
investigation, the State party has violated its obligations under article 14 of the Convention.
8.
The Committee, acting under article 22 (7) of the Convention, is of the view that the
facts before it disclose violations of articles 12, 13 and 14, read alone or in conjunction with
article 1, of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
9.
In accordance with rule 118 (5) of its rules of procedure, the Committee urges the
State party to: (a) promptly reopen an investigation into the incidents in question with a
13
14
10
See communication No. 578/2013, E.N. v. Burundi, decision adopted on 25 November 2015, para. 7.7.
Ibid., para. 7.8.
GE.17-09954