CAT/C/55/D/522/2012
violated, given that Burundi accepted the competence of the Committee to receive and
consider such complaints under article 22. Thus, by submitting an individual
communication to the Committee against the State of Burundi, the complainant merely
exercised his right to obtain redress, which is recognized by Burundi itself.
5.8
The complainant also reiterates all his arguments on the merits.
Issues and proceedings before the Committee
Consideration of admissibility
6.1 As required under article 22, paragraph 5 (a), of the Convention, the Committee
has ascertained that the same matter has not been, and is not being, examined under
another procedure of international investigation or settlement.
6.2 The Committee notes that the State party challenges the admissibility of the
complaint on the grounds of a failure to exhaust domestic remedies, inasmuch as a
criminal case for torture was opened as a result of the complaint lodged by the
complainant on 9 February 2012 and registered with the Bujumbura court of major
jurisdiction on 26 March 2012 under case No. 7271/ME. The Committee notes that the
State party has indicated that the proceedings are still pending, but it has provided no
other information or detail which might help the Committee to ascertain what progress
has been made and to judge how effective the investigation might be, despite the fact
that the case was brought more than three years ago and concerns events that took
place five years ago. The Committee further notes that the complainant has stated that,
upon verification, he learned that the case number mentioned by the State party relates
to another person’s case. The State party has neither denied nor responded to this
point. The Committee finds that, in the circumstances, the inaction of the competent
authorities has made it unlikely that any remedy that might provide effective
reparation can be initiated and that, in any event, the domestic proceedings have been
unreasonably lengthy. Accordingly, the Committee considers that it is not precluded
from considering the communication under article 22, paragr aph 5 (b), of the
Convention.
6.3 In the absence of any obstacle to the admissibility of the complaint, the
Committee proceeds to its consideration of the merits of the claims submitted by the
complainant under articles 1, 2 (para. 1), 11, 12, 13, 14 and 1 6 of the Convention.
Consideration of the merits
7.1 The Committee has considered the complaint in the light of all the information
made available to it by the parties, in accordance with article 22, paragraph 4, of the
Convention.
7.2 The Committee notes that, according to the complainant, he was arrested on 1
July 2010 by officials of the National Intelligence Service without being informed of
the reasons for his arrest; that, while being taken to the National Intelligence Service
offices, he was beaten with, among other things, a rifle butt; that, when he arrived at
the National Intelligence Service offices at approximately 6 p.m., he lost
consciousness upon being struck on the head with a stone; that during an interrogation
that lasted six hours he was kicked and beaten by Intelligence Service officials and
Burundian National Police officers using clubs, rifles and belts. The officers hit the
complainant on different parts of the body, including his feet, face, shoulders and
genitals, causing bruising and bleeding. In addition, a National Intelligence Service
official cut off part of his ear lobe. The complainant was then handcuffed and locked
in a lavatory measuring 1.5m by 3m on National Intelligence Service premises, even
though he was in pain; he remained there for five days without water, food, contact
with the outside world or medical care of any kind. He was forced to drink the water
12/15
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