CAT/C/55/D/522/2012 supported by his family. He shared his windowless, 3m by 4m cell with another inmate. Any food he received was provided by his family and the medication required for his condition was prescribed by representatives of the International Committee of the Red Cross (ICRC), who visited him periodically. Following their first visit, the ICRC representatives requested that an X-ray of his foot be taken, to no avail. 2.12 The observers from the United Nations Office in Burundi and the Independent Expert on the situation of human rights in Burundi also visited the complainant at Mpimba prison a number of times. They were able to directly observe the traces of abuse on his entire body which left no room for doubt as to the fact that he had been tortured. In the report drafted after their visit to the complainant on 8 July 2010, the observers describe having noted that part of his ear had been sliced off, that his nose and feet were swollen, like the feet of a child suffering from kwashiorkor, and that his buttocks were very puffy. They had also noted that he could barely walk. The observers also took photographs of the complainant’s swollen body during that visit, which took place two days after his transfer to Mpimba. 1 In a report following his first visit to Burundi, the Independent Expert, who visited the complainant during his detention at Mpimba prison, describes the injuries observed on the complainant, including the presence of scars on the victim’s ear (see A/HRC/17/50, para. 41). 2.13 On 13 July 2010, there was a second hearing before the investigating judge during which the complainant once again reported the abus e and ill-treatment that he had suffered while in detention at the National Intelligence Service premises. On 26 July 2010, he was brought before the Council Chamber for an extension of the period of detention, accompanied by his lawyer for the first time. When the lawyer asked the investigating judge about the charges against his client, he was told, informally, that there was insufficient evidence to indict Mr. Gahungu but that he would nonetheless remain in detention. The complainant’s lawyer appealed the decision to continue the detention. However, the Appeals Court, not having found the file at the public prosecutor’s office, has never considered the appeal. 2.14 Although the complainant was initially accused of plotting against the State, at a new hearing on 5 July 2011, the charges against him were changed to accessory to the possession of illegal weapons. 2.15 On 18 October 2011, Mr. Gahungu was finally sentenced to 1 year ’s imprisonment for being an accessory to the possession of illegal weapons. 2 Having already spent nearly 15 months in prison at the time of his conviction, he was released on 24 October 2011. 2.16 The complainant contends that he still suffers from the severe physical and mental scars of the torture to which he was subjected. His ov erall health has declined, especially since, owing to a lack of funds, he never received the necessary care, either while in detention or after his release. His right eye is sensitive because of the blow he received with the pliers. He often feels tingling in it and it weeps involuntarily. He feels persistent pain in his genital area. He cannot walk for long distances and is forced to take pain medication very regularly. Mr. Gahungu was also severely harmed mentally. At night, he often falls prey to nightmares in which he is chased by intelligence officers. He suffers from a general feeling of insecurity, which is fuelled by real threats against his life: since his release in October 2011, he has been the object of intense surveillance by individuals identified as being members of the National Intelligence Service. He regularly receives threatening phone calls, including death threats. Intelligence officers have also come to his home o n several occasions. __________________ 1 2 GE.15-16176 The complainant has included the report of the observers from the United Nations Office in Burundi and the photographs in an annex to his file. A copy of the judgement is included in the file. 5/15