CAT/C/60/D/579/2013 2.17 Faced with the clear unwillingness of the military prosecutor’s department to prosecute, the complainant had only one possible path: to file a direct summons requesting immediate appearance before the court, on the basis of article 350 of the Code of Criminal Procedure.6 The procedure in question leaves the victim particularly vulnerable, as it calls for the alleged perpetrator to appear in court without the required investigation being conducted by the public prosecutor’s office, thus exposing the victim to a high risk of reprisal and pressure. Furthermore, the complainant ran up against a refusal to register the cover letter for the direct request, as the persons she dealt with in the courts martial claimed that they were unaware of the procedure in question. It was only a few months later that the complainant learned, through counsel, that she must register the request to appear before the Kinindo tribunal de résidence (local court). A direct summons calling for Captain D.K. to appear in court was eventually registered with the courts martial on 22 October 2013. However, that direct summons resulted in no action being taken. 2.18 The complainant submits that she has made use of all remedies available to her and that they have proved to be ineffective, as the investigation was incomplete, ineffective, and biased in several respects, and the case was not considered owing to the fact that the prosecution dropped it. Furthermore, the complainant maintains that, in any event, the domestic remedies were not available within any reasonable period of time. Lastly, she notes that, owing to the prevailing lack of security in Burundi coupled with a climate of impunity, it is especially dangerous for victims of torture, including sexual violence, committed by law enforcement agents, to bring perpetrators to justice. This is all the more true when the victim has received a direct death threat from the perpetrator of her rape. The complaint 3.1 The complainant submits that her daughter, C.N., was the victim of a violation of articles 2 (1), 12, 13 and 14, read in conjunction with article 1 and, alternatively, with article 16 of the Convention against Torture. 3.2 According to the complainant, the abuse inflicted on C.N., a 9-year-old child raped by an on-duty captain of the Burundian army, is of the utmost gravity. Beyond any doubt, the abuse resulted in severe pain and suffering and constitutes torture as defined by article 1 of the Convention. It affects the victim to this day, with serious after-effects impairing her physical and mental health. Furthermore, the child C.N. received serious death threats. She was threatened with a firearm and was told she would be killed if she complained about the rape. 3.3 According to the complainant, rape constitutes torture when it is committed by public officials, at their instigation or with their consent or acquiescence. 7 Furthermore, rape has been recognized as a form of torture under international criminal law. 8 The Committee itself has recognized that sexual abuse by the police constitutes torture even when perpetrated outside formal detention facilities. 9 The complainant adds that, given the young age of the victim, her pain has been all the more intense, and that her suffering has been exacerbated by the fact that she is particularly vulnerable. 3.4 The intention of the torturer to subject her to intense suffering was evident, as it would be impossible to unintentionally subject a child of 9 years to sexual violence of such gravity. Furthermore, the fact that the perpetrator lured the child away from her home using his position as an adult and family friend, and above all as a public official, demonstrates that his actions were completely deliberate and calculated. In addition, the pursued 6 7 8 9 4 doubt on the commission of the offence.” Article 350 reads as follows: “A direct summons is a procedure initiated by a civil party, whereby a criminal judge may be seized of a criminal case when the prosecution lags in investigating the case.” The complainant also refers to the report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/HRC/7/3, paras. 34 ff.). International Criminal Tribunal for the former Yugoslavia, case No. IT-96-21-T, Prosecutor v. Delalić et al., judgement of 16 November 1998, and case No. IT-95-17/1-T, Prosecutor v. Furundžija, judgement of 10 December 1998. See communication No. 262/2005, V. L. v. Switzerland, decision adopted 20 November 2006, para. 8.10. GE.17-09954