CAT/C/55/D/522/2012
He was informed by sources within the National Intelligence Service that there was a
plan to kill him. The threats have intensified since June 2012 and the danger to his life
and his physical and mental integrity are considered to be s o real and imminent that he
is forced to live in hiding.
2.17 His medical issues are compounded by social and financial problems, as he is
unemployed and merely volunteers with the Union pour la paix et le développement.
Owing to his detention, the treatment to which he was subjected and the physical and
mental side effects of the ill-treatment, the complainant is unable to resume his
previous post. Consequently, he is surviving only with the help of his relatives and is
struggling to meet the needs of his dependent children.
2.18 Regarding the matter of the exhaustion of domestic remedies, the complainant
contends that he reported the treatment to which he had been subjected to the
Burundian authorities on many occasions. On 6 July 2010, at the first hearing before
the investigating judge, he immediately reported the torture he had endured while in
detention at the National Intelligence Service premises (see para. 2.11 above). Given
his worrying condition and the visible signs of assault, there is no doubt that the
investigating judge was able to observe for himself that the complainant had been
tortured. The complainant emphasizes that international non -governmental
organizations also described his situation in their reports.
2.19 At the subsequent hearings before the Council Chamber, the complainant once
again reported the torture he had suffered. Furthermore, at the hearing of 5 July 2011
before the Bujumbura Tribunal de Grande Instance (court of major jurisdiction), his
lawyer again reported the torture to which the complainant had been subjected while
in detention at the National Intelligence Service premises. Despite the complainant ’s
multiple reports to the judicial authorities, no investigation was initiated into the
events.
2.20 A few months after his release in October 2011, and despite the incessant threats
he had received since then, the complainant filed a formal complaint of torture with
the public prosecutor at Bujumbura city hall on 9 February 2012, to which he ann exed
photographs taken by the observers from the United Nations Office in Burundi a few
days after his torture. In his complaint, he also described the conditions of his arrest
and the ill-treatment he received while in detention at the National Intelligen ce
Service premises and named some of the officers involved. However, no action has
been taken on this criminal complaint. Mr. Gahungu has never been heard and the
alleged offenders, although easily identifiable, have never been summoned. On 5 June
2012, the complainant followed up on his complaint with the public prosecutor at
Bujumbura city hall, but no action was taken then, either. He contends that, in the light
of the threats to him and the risks that he and his family are running, he cannot
reasonably be expected to initiate further proceedings with the authorities, which have
in any case proved to be unresponsive.
The complaint
3.1 The complainant claims to be the victim of violations by the State party of
articles 2 (para. 1), 11, 12, 13 and 14, read in conjunction with article 1 and,
alternatively, with article 16 of the Convention.
3.2 According to the complainant, the abuse to which he was subjected during his
transfer to and detention at the premises of the National Intelligence Service caused
him intense pain and suffering and constitutes torture 3 within the meaning of article 1
of the Convention.
__________________
3
6/15
The complainant refers to communication No. 207/2002, Dimitrijevic v. Serbia and Montenegro,
GE.15-16176