CAT/C/55/D/522/2012
3.3 With further reference to article 1 of the Convention, the complainant points out
that he was deprived of the right to see a doctor and to be vi sited by his family during
his detention. Between 1 and 6 July 2010, he was thus held incommunicado and had
no contact whatsoever with the outside world. He was kept in an unsanitary lavatory
without any care, food or water, 4 was given death threats and was subjected to mock
executions. The complainant recalls that the Committee has already qualified as
methods of torture the fact of leading a person to the bank of a river and threatening to
drown him or her for refusal to confess to an offence, and of poin ting a gun to his or
her head (see CAT/C/75, para. 143). In addition, the complainant was exposed to a
host of humiliating and degrading treatments and practices. There is no doubt that
these acts were perpetrated intentionally by agents of the State party, as evidenced by
the presence of senior officials of the National Intelligence Service and the Burundian
National Police during the ill-treatment, and the fact that it was they who ordered the
acts to be carried out. The purpose of those acts was to obtai n information concerning
the political opposition of the Union pour la paix et le développement and the National
Liberation Forces.
3.4 The complainant also invokes article 2, paragraph 1, of the Convention, under
which the State party should have taken effective legislative, administrative, judicial
or other measures to prevent acts of torture in any territory under its jurisdiction.
However, in the present case, the complainant was deprived of contact with his family
and with a lawyer throughout the entire period of his detention at the premises of the
National Intelligence Service, which lasted 5 days. His detention took place outside
the protection of the law — a context that is particularly conducive to the practice of
torture. Moreover, during the first 12 days of his detention, he received no care, even
though he had requested it and his condition had deteriorated and clearly required
immediate medical attention. It was not until 12 July 2010 that ICRC representatives
examined him; nevertheless, the requested X-ray was not performed.
3.5 Although there is no statute of limitations under Burundian law for the
prosecution of genocide, crimes against humanity or war crimes, when the offence of
torture is committed outside these specific contexts, it is sub ject to a statutory
limitation ranging from 20 to 30 years, depending on the circumstances. 5 The
complainant adds that his is not an isolated case and that serious human rights
violations by police officers go largely unpunished in Burundi. According to th e
complainant, since the State party has not adopted the legislative or other measures
needed to prevent torture, it has failed to meet its obligations under article 2,
paragraph 1, of the Convention.
3.6 The complainant also invokes article 11 of the Convention and notes that the
State party failed to meet its obligations in relation to the custody and treatment of
persons subjected to any form of arrest, detention or imprisonment. His detention was
unlawful: he was not informed of the charges against him; he did not have access to
legal counsel during his detention at the National Intelligence Service premises; and
he was not brought before a judge at any time during his detention. As it was
materially impossible for him to assert his rights through legal channels, he was
unable to challenge his detention or lodge a formal complaint concerning the torture to
which he had been subjected. Furthermore, he was not examined by a doctor, despite
the critical nature of his condition, nor was he given access to a l awyer. In addition, he
was detained in appalling conditions. For these reasons, the complainant concludes
__________________
4
5
GE.15-16176
decision adopted on 24 November 2004, para. 5.3.
The complainant refers to the Dimitrijevic v. Serbia and Montenegro decision, para. 5.3.
Article 146 of the Criminal Code.
7/15