CAT/C/52/D/503/2012
by the State party in his case.16 He recalls that it is not necessary, for the purposes of article
12, for a formal complaint to have been lodged. In the case in question, he recalls that a
news report about his case was broadcast on the radio. Given the radio station’s large
number of listeners, there is no doubt that the Burundian authorities had heard about the
broadcast, as is confirmed by the visit of the police commissioner, one of those responsible
for the events, to the radio station. The complainant also draws attention to the strike by the
staff of Prince Regent Charles Hospital in support of their colleague. Thus, in addition to
the formal complaint lodged with the Public Prosecutor on 5 November 2010, the
authorities had been fully informed of the torture to which the complainant was subjected
and were consequently under an obligation to investigate these incidents on their own
initiative. However, an effective, in-depth and impartial investigation was never conducted.
No investigative procedures were carried out, nor were the complainant or the alleged
perpetrators brought in for questioning, although they had been identified. The complainant
therefore concludes that, as a prompt and impartial investigation was not carried out into
the allegations of torture of which he was a victim, the State party acted in violation of its
obligations under article 12 of the Convention.
3.8
With respect to article 13 of the Convention, the complainant maintains that the
State party was obligated to guarantee his right to file a complaint with the authorities and
to have his case promptly and impartially examined. He points out that, in the case in
question, he lodged a formal complaint with the Public Prosecutor on 5 November 2010,
and with the President of the Supreme Court on 22 July 2011 and again on 2 February
2012, with no results. He recalls that the Committee has stressed the importance of prompt
investigations and has found that delays of 15 months, 10 months, 2 months and even 3
weeks are excessive with regard to the requirement to conduct prompt investigations.17 In
the case in question, 18 months after the events, no investigation has been conducted.
Consequently, he maintains that the State party has acted in violation of article 13 of the
Convention.
3.9
The complainant also invokes article 14 of the Convention. He states that, by
depriving him of due process, the State party has also deprived him of the enforceable right
to compensation for torture. Furthermore, given the inaction of the judicial authorities,
other remedies to obtain redress, through a civil suit for damages, for example, have no
realistic prospect of success. The Burundian authorities have taken few measures to
compensate victims of torture, a point raised by the Committee in its concluding
observations concerning the State party’s initial report in 2007.18 The complainant adds that
he is still suffering the physical and psychological consequences of the beating he received
(see para. 2.7) and that he has never benefited from any form of rehabilitation designed to
ensure that he recovers as fully as possible in physical, mental, social and financial terms.
He recalls the State party’s obligation to ensure that redress is obtained, including, but not
limited to, the provision of compensation for the harm suffered and the adoption of
measures to ensure non-repetition, particularly through the imposition of penalties on the
perpetrators commensurate with the severity of their acts. This involves, first of all, opening
16
17
18
8
The complainant refers to communication No. 341/2008, Sahli v. Algeria, decision adopted on 3 June
2011, para. 9.6; communication No. 187/2001, Thabti v. Tunisia, decision adopted on 14 November
2003, para. 10.4; communication No. 60/1996, M’Barek v. Tunisia, decision adopted on 10 November
1999, para. 11.7; and communication No. 59/1996, Blanco Abad v. Spain, decision adopted on 14
May 1998, para. 8.2.
The complainant refers to Halimi-Nedzibi v. Austria, para. 13.5; M’Barek v. Tunisia, para. 11.7; and
Blanco Abad v. Spain, para. 8.4.
CAT/C/BDI/CO/1, para. 23.
GE.14-04314