CAT/C/RWA/CO/2
(c)
Ensure that victims’ families are protected from reprisals, are allowed to
participate in the proceedings and receive adequate compensation;
(d)
Exercise strict control over the law enforcement officials active in the
north-western region to prevent them or any other person from committing human
rights violations against suspected criminals.
Deaths in custody
40.
While noting the information provided in the replies to the list of issues that only
one case of violent death in police custody has occurred since 2012, the Committee is
concerned about various reports of deaths during arrests and on-site inspections and at
police stations in suspicious circumstances, presumably when the victim was trying to
escape, as in the cases of Alfred Nsengimana, Emmanuel Gasakure, Mahoro Jean Bosco
and Eric Hashakimana. The Committee is also concerned about the alleged police killings
of Muslim community members, who were reportedly suspected of collaboration with
international terrorist groups, such as the Imam Muhamad Mugemangango, Channy
Mbonigaba and the killing in August 2016 of three Muslim community members in
Bugarama. The Committee regrets not having received any information on the
investigations conducted by the State party into these cases (arts. 2, 11, 12 and 16).
41.
The State party should take the necessary measures to ensure that:
(a)
Impartial and effective investigations, including an independent forensic
examination in line with the Minnesota Protocol, are conducted promptly into all
instances of death in custody, and that those responsible are prosecuted and that
victims receive adequate compensation;
(b)
All members of the security forces receive appropriate training in the
use of force, taking due account of the Code of Conduct for Law Enforcement
Officials and the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials, which prohibit the use of lethal force except when strictly
unavoidable in order to protect life.
Enforced disappearance
42.
While welcoming the information provided in the State party’s report with regard to
the 21 cases of enforced disappearance referred to in the previous concluding observations
(see CAT/C/RWA/CO/1 para. 14), the Committee remains concerned that almost all of
these cases remain outstanding, including the cases of André Kagwa Rwiseraka and
Augustin Cyiza. It is also disturbed at reports that enforced disappearance continues to
occur, targeting, in particular, members of opposition political parties, such as Jean
Damascène Munyeshyaka, mentioned in the list of issues, Illuminée Iragena, Jean
Damascène Habarugira and Théophile Ntirutwa, members of the banned political party
United Democratic Forces (FDU-Inkingi). The Committee is concerned at the State party’s
failure to provide information on the investigations undertaken into these cases or the
whereabouts of the victims (arts. 2 and 12–14).
43.
The State party should take all the necessary measures to combat impunity for
the crime of enforced disappearance, in particular by:
(a)
Ensuring that all cases of enforced disappearance, including the cases
mentioned by the Committee, are investigated thoroughly and impartially, that those
responsible are prosecuted and, if they are found guilty, that they receive punishment
commensurate with the crime, even when the victim is not found;
(b)
Taking all possible action to locate persons reported missing, and
ensuring that anyone who has suffered harm as a direct result of an enforced
disappearance has access to all available information that could be useful in locating
the missing person and has an enforceable right to fair and adequate compensation;
(c)
Ratifying the International Convention for the Protection of All Persons
from Enforced Disappearance.
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