CAT/C/55/D/522/2012
unable to challenge his detention or lodge a formal complaint concerning the torture to
which he had been subjected. The complainant has further recal led that he was not
examined by a doctor and that he did not have access to legal counsel. Furthermore,
the conditions of his detention at the premises of the National Intelligence Service
were appalling. The Committee further reiterates its concluding obs ervations on
Burundi, in which it expressed concern at the excessive 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 per sons in
custody or failures to ensure that such records are complete; 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 (CAT/C/BDI/CO/2, para.
10). In the present case, the complainant appears to have been held outsi de the judicial
system before being brought before a judge 5 days after his arrest; during his detention
at the premises of the National Intelligence Service, he was denied medical assistance
despite his worrying condition. Furthermore, he had no access to a lawyer or to his
family. In the absence of any compelling evidence from the State party indicating that
the complainant’s detention was indeed subject to its supervision, the Committee finds
a violation of article 11 of the Convention by the State party.
7.8 With regard to articles 12 and 13 of the Convention, the Committee has taken
note of the complainant’s claims that no investigation has been opened to ascertain the
facts of the case despite the many steps taken to report the torture inflicted on him and
the formal complaint lodged with the public prosecutor on 9 February 2012, supported
by photographs showing the marks of torture on his body. The complainant lodged the
complaint again on 5 June 2012 but has received no response. The State party conte sts
the referral of the case to the Committee by the complainant on the grounds that the
latter has filed a complaint with the authorities, but it has provided no evidence which
might help the Committee to ascertain what progress has been made, to judge ho w
effective the procedure might be or to explain the reasons for such a delay. The
Committee considers that so long a delay in initiating an investigation into allegations
of torture is patently unjustified and clearly breaches 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 als o
failed to fulfil its responsibility under article 13 of the Convention to guarantee the
right of the complainant to lodge a complaint, which presupposes that the authorities
provide a satisfactory response to such a complaint by launching a prompt and
impartial investigation. 19
7.9. With regard to article 14 of the Convention, the Committee has taken note of the
complainant’s allegations that he has not benefited from any form of rehabilitation
designed to ensure that he recovers as fully as possible in ph ysical, mental, 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 refers to its general
comment No. 3 (2012) on the implementation of article 14 by States parties, in which
it establishes that States parties should ensure that victims of torture or ill -treatment
obtain full and effective redress and reparation, including compensation and the means
for as full rehabilitation as possible. Redress should cover all the harm suffered by the
victim and encompass, among other measures, restitution, compensation and
guarantees of non-repetition of the violations, taking into account the circumstances of
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19
14/15
Communications Nos. 376/2009, Bendib v. Algeria, decision adopted on 8 November 2013, para.
6.6 and 503/2012, Ntikarahera v. Burundi, decision adopted on 12 May 2014, para. 6.4.
GE.15-16176