CAT/C/55/D/522/2012
that the State party failed in its duty to properly monitor the treatment he received
during his detention at the premises of the National Intelligenc e Service. 6
3.7 The complainant also maintains that the State party has violated article 12 of the
Convention in the present case. Under that article, the competent authorities are
required to proceed to a prompt and impartial investigation, wherever there is
reasonable ground to believe that an act of torture has been committed. 7 He recalls that
it is not necessary, for the purposes of article 12, for a formal complaint to have been
lodged. He notes that, in the case in question, the judicial authorities were amply
informed of the torture he endured (see paras. 2.18-2.20 above). However, no
effective, in-depth and impartial investigation was ever conducted. No investigative
procedures were carried out, not even to bring the complainant or the alleged
perpetrators in for questioning, despite the fact that the latter had been identified. The
complainant therefore concludes that, since a genuine, prompt and impartial
investigation into the allegations of torture to which he was subjected was not carried
out, the State party acted in violation of its obligations under article 12 of the
Convention.
3.8 With regard to article 13 of the Convention, the complainant maintains that the
State party had the obligation to guarantee his right to bring a claim before the
competent national authorities in order to have his case promptly and impartially
examined. In fact, however, despite the formal complaints that he filed (mentioned
above), no action was taken in response to his complaints. Worse still, the complainant
received death threats and was under constant surveillance by agents identified as
belonging to the National Intelligence Service. 8 He recalls that the Committee had
noted with concern the reprisals, serious acts of intimidation and threats against
human rights defenders, and had stressed the need for Burundi to take effective steps
to ensure that all persons reporting torture or ill-treatment are protected from
intimidation and from any unfavourable consequences that they might suffer as a
result of making such a report (see CAT/C/BDI/CO/1, para. 25).
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
2006 concluding observations concerning the State party’s initial report (see
CAT/C/BDI/CO/1, para. 23). The complainant adds that he has not received any form
of rehabilitation to ensure that he recovers as fully as possible in physical, mental,
social and financial terms. The crimes committed against the complainant have gone
unpunished, given that his torturers have not been convicted, prosecuted, investigated
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7
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The complainant recalls that, in its concluding observations concerning the State party’s initial
report, adopted on 20 November 2006, the Committee expressed concern at the “lack of systematic
and effective monitoring of all places of detention, notably through regular unannounced visits by
national inspectors and a mechanism for legislative and judicial monitoring ” (CAT/C/BDI/CO/1,
para. 19). In his initial complaint, the complainant also notes that the State party has not ratified the
Optional Protocol to the Convention, which provides for the establi shment of a national mechanism
for the prevention of torture. [Since then, on 18 October 2013, the State party acceded to the
Optional Protocol.]
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.
Given that he himself is a former member of the Burundian National Police, the police officers with
whom he has kept in contact told him of a plan for his imminent execution.
GE.15-16176