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
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