CAT/C/60/D/579/2013 house, the child went directly into the bedroom of Captain D.K.’s children and that C.N. was familiar with the family, as she had previously visited them on three occasions. 4.2 Referring to the medical report and the injuries described in it, the State party observes that the expert’s conclusions are not based on any samples. It adds that the complainant has stopped bringing her daughter for regular psychological follow-up care. 4.3 As for the procedure, the State party contends that, contrary to the complainant’s assertion that impunity is prevalent, criminal investigations are initiated in such cases. The problem of violence against women and sexual abuse has drawn the attention of Burundian lawmakers, and addressing the issue is one of the Government’s priorities: the 2014 Budget Act allocates funding for operating costs to combat violence against women and for the operation of the national children’s judicial protection unit. In addition, the State party refers to Act No. 1/05 revising the Criminal Code (arts. 538 to 563) and Act No. 1/10 of 3 April 2013 establishing the Code of Criminal Procedure. 4.4 With regard to its obligations under article 2 (1), the State party emphasizes that there are several State bodies responsible for combating sexual and gender-based violence both in the prosecution services and the courts, and also under the Ministries of Justice and Human Rights. Such bodies are supported by the Independent National Human Rights Commission, the Office of the Ombudsman and private associations. 4.5 With respect to article 12, according to the State party, Burundian criminal procedure is precisely in line with the aim of the provision: When a crime is committed, article 10 (2) of the Code of Criminal Procedure of 2013 requires the judicial police official to take the case ex officio and to immediately inform the prosecutor. For cases involving sexual violence, specialized chambers have just been established and judges and deputies have been appointed to deal exclusively with the issue. The investigation is conducted by hearing the cases made by the prosecution and the defence, with strict respect for the rights of the defence. 4.6 As for article 13, as the prosecution services and the courts have specialized chambers dealing with sexual violence, its provisions are respected. A judicial investigation is opened as soon as the authorities are informed of a case. 4.7 In respect of article 14, the State party maintains that it has established a court system that amply meets the provision’s requirements. The trial court always decides the applicable penalty and the amount of compensation for a possible victim. 4.8 The State party adds that the definition of torture adopted by the Burundian legislature is in line with the one in article 1 of the Convention (Act No. 1/05 revising the Burundian Criminal Code, art. 204). The Act also has provisions for suppressing acts of torture. Article 16 of the Convention has been implemented as well, as the suppression of all acts of torture and acts akin to torture is covered by the Burundian Criminal Code of 2009. 4.9 With regard to the specific allegations made by the complainant, firstly, the State party provides an account that differs from that of the complainant. On 30 June 2012, around 8.30 p.m., Captain D.K. reportedly visited the complainant. After some discussion, he asked the child C.N. to accompany him home. The child left the family home with the serviceman. Once they arrived at Captain D.K.’s home, around 11 p.m., the girl went directly to his children’s room, where she reportedly spent the night. C.N. knew the family well; she had apparently already visited them three times. 4.10 The State party adds that as soon as the sexual assault was reported to the competent authorities, on 13 July 2012, a judicial investigation was initiated, but that the investigation did not result in charges being brought against the suspect. The parties were heard on the day the complaint was filed, and the expert’s conclusions were presented on 16 July 2012. The following day, the sole eyewitness present at the scene was interviewed for his version of the events, and his testimony exculpated the suspect. 4.11 In just four days, the military prosecutor completed his investigation. The case was closed shortly thereafter. The investigation was conducted promptly, in conformity with the law, and there was no negligence. The prosecutor was unable to find a link between Captain 6 GE.17-09954

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