CAT/C/53/D/514/2012 of law explicitly rejecting the validity of confessions obtained under torture, and article 27 of the Code of Criminal Procedure requires only that “if it is proved that confessions of guilt have been obtained under duress, they shall be null and void”. In addition, the complainant points out that in Burundian law, apart from the special circumstances of war crimes, crimes against humanity and crimes of genocide, acts of torture committed outside these specific contexts are subject to a statute of limitations of 20 or 30 years depending on the circumstances.9 3.4 The complainant further argues that the Burundian authorities failed to properly monitor the treatment he received while in detention in the Intelligence Service cells and that his detention took place outside the framework of the law. His arrest was not made on the basis of a valid warrant; he was not informed of the charge against him until his transfer to Mpimba prison on 9 August 2006, when an arrest warrant was issued by the public prosecutor; his detention conditions were appalling; he had no contact with a lawyer during his detention at Intelligence Service headquarters; and the continuation of his detention despite the Supreme Court decision of 6 October 2006 on his release on bail rendered his detention arbitrary. In addition, there is no system of effective, systematic monitoring of places of detention. Ultimately, the practices of the Burundian authorities, in particular the Intelligence Service, in respect of persons deprived of their liberty do not conform to the requirements of article 11 of the Convention. 3.5 The Burundian authorities, despite being duly informed of the facts by various means and on many occasions, carried out no prompt and effective investigation into the allegations of torture, in violation of their obligation under article 12. The complainant also points out that Burundian criminal law does not oblige prosecutors to prosecute perpetrators of torture or even to order an investigation. 10 No action was taken on the complaint submitted by the complainant, even though it was supported by sound evidence resulting from an expert examination. 3.6 The complainant also invokes article 13 of the Convention, arguing that no inquiry was opened into his allegations, despite the filing of a formal complaint on 17 August 2006 for acts of torture, supported by an expert medical examination. The case was thus not considered immediately and impartially. In addition, the complainant’s counsel was himself thrown into prison after having reported the torture suffered by one of his clients, who had been arrested in the same circumstances as the complainant; according to counsel, this amounts to an act of intimidation against the victims in the case and against their counsel for raising legitimate fears concerning their safety. The threats against the complainant and his family were stepped up after his release on 16 January 2007, in order to stop him lodging a complaint for the torture he had undergone. In conclusion, the complainant submits that the State party did not ensure his right to bring a complaint and to have his allegations examined promptly and impartially, in violation of article 13 of the Convention. 3.7 The complainant also submits that the Burundian authorities have not complied with their obligations under article 14 of the Convention. Not only do the crimes against him remain unpunished, but he has received no compensation for the torture he suffered. Having been a victim of arbitrary detention as well as torture at the hands of agents of the State, he believes he has suffered non-material injury for which he should receive compensation, in 9 10 8 Criminal Code of Burundi, art. 150. The complainant refers to the Committee’s recommendation in this regard, that the State party should make clear “the obligation of the competent authorities to institute, systematically and on their own initiative, impartial inquiries wherever there are reasonable grounds to believe that an act of torture has been committed” (CAT/C/BDI/CO/1, para. 22). GE.15-00394