CAT/C/55/D/553/2013
military conspiracy, Lieutenant Colonel J.C.N. attempted to strike him but was
restrained by Lieutenant C.G.
2.17 On 14 February 2010, that is, 16 days after his arrest, he was brought before a
judge for the first time. He was not represented by a lawyer. During the hearing, X
informed the judge about the torture he had suffered during his arrest and detention.
However, despite the seriousness of these claims, they were not reflected in the record
or taken into consideration by the judge. No investigation was ordered, even though
the signs of the torture were still visible. The complainant also asked to be examined
by a doctor and to receive medical treatment, but that request was denied. He was
placed in pretrial detention. 4
2.18 On 1 March 2010, a second hearing before a judge was conducted after the
complainant lodged an appeal requesting provisional release. At that hearing, X again
complained of the torture he had suffered, but no action was taken. He again asked to
see a doctor, but that request was ignored, and he was kept in detention. 5
2.19 On 12 March 2010, the complainant was transferred to Mpimba Central Prison in
Bujumbura. As at that date, he had still not received any assistance from a lawyer or
any medical care, despite the critical condition he had been in when placed in
detention. In Mpimba prison, X was again held in disturbing conditions, which were
exacerbated by overcrowding. The cell in which he was placed with another prisoner
measured about 8 m² and had only a small barred window. The food ration was 250
grams of beans and cassava flour per day.
2.20 On 16 March 2010, the complainant was summoned to the first hearing on the
merits in the proceedings initiated against him for involvement in a military
conspiracy. For the first time, he was assisted by a lawyer. Consideration of the case
was, however, postponed to a later date.
2.21 On 17 March 2010, X’s health dramatically deteriorated following an attack of
malaria. Believing that the problem was low blood pressure, the prison doctor put him
on a drip to raise his blood pressure. The complainant was in fact suffering from high
blood pressure, which the doctor realized only after completing the drip procedure. He
was then prescribed a double dose of quinine-based treatment. A few minutes later, he
lost consciousness for about 10 minutes.
2.22 Despite his critical condition, especially after the serious misdiagnosis, the
doctor did not provide the complainant with any further medical care. It took another
two days before the complainant, who was suffering from intense pain in his lower
back, knee and the soles of his feet, was finally transferred to Prince Regent Charles
Hospital in Bujumbura on 19 March 2010. 6 Shortly thereafter, however, he began to
suffer from heart palpitations, muscle paralysis, severe headaches, impaired vision and
dizziness, which required further cardiac and ophthalmological monitoring. 7 After two
months in the hospital, his condition remained very serious. He was diagnosed with
depression caused by post-traumatic stress. He was also diagnosed with post-traumatic
neuropsychiatric disorders, which required monitoring. 8
__________________
4
5
6
7
8
GE.15-16736
The complainant attaches herewith the detention order issued by the Ministry of Defence on 14
February 2010.
The pretrial detention order issued by the military court on 1 March 2010 is attached to the
complaint.
The complainant attaches herewith copies of the prescriptions written to treat his injuries, mental
distress and malaria.
The relevant medical files are attached to the complaint.
Idem.
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