مرحباً بكم في الأمم المتحدة 
OHCHR 
بيانات صحفية هيئات المعاهدات
لجنة مناهضة التعذيب تنظر في تقرير بوروندي
12 تشرين الثاني/نوفمبر 2014
للمشاركة
12 November 2014
The Committee against Torture today concluded its consideration of the second periodic report of Burundi on its implementation of the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Introducing the report, Augustin Nsanze, Chief Adviser to the Presidency on Political and Diplomatic Issues and International Cooperation of Burundi, said that the right not to be subjected to torture was an inalienable right; steps had been taken to review the Military Criminal Code to ensure that prohibited acts of torture were clearly spelled out therein. The National Human Rights Commission, established in 2011, exercised its mandate in full independence and had broad-ranging investigative powers and the necessary human and financial resources. Measures to combat violence against women included the Presidential Declaration on zero tolerance for crimes of gender-based or sexual violence, adoption of the draft bill on prevention, protection and repression of gender-based violence, and the creation of specialized chambers in all first instance courts to rapidly deal with cases of violence against women.
Committee Experts commended Burundi for its efforts to combat violence against women and children and, while recognizing the policies against torture in place in Burundi, expressed concern about the gaps in those policies and the gap between the legislation and the reality lived by the citizens. Impunity for politically motivated violence remained a serious issue; the police was biased, acted on the side of a particular political force and was used for political purposes. Experts expressed concern about the lack of basic training for judges and the police, which meant that there was still a long way to go to ensure that torture was not carried out. Places of deprivation of liberty were not systematically monitored and the conditions in prisons were an issue of serious concern. The delegation was also asked about the Commission of Inquiry into acts of torture and extra-judicial killings, the system of monitoring places of detention and the composition of the Truth and Reconciliation Commission which seemed to be an exclusively governmental body.
In concluding remarks, Mr. Nsanze thanked the Committee for the way in which the dialogue had been run and reiterated the commitment of Burundi to continue working with the Committee against Torture.
Claudio Grossman, Committee Chairperson, in concluding remarks, thanked the delegation for the important and useful information it had provided to the Committee and said he was looking forward to continuing this interactive dialogue.
The delegation of Burundi also included representatives of the Ministry of National Solidarity, Human Rights and Gender, and members of the Permanent Mission of Burundi to the United Nations Office at Geneva.
The Committee will reconvene in public on Thursday, 13 November, at 10 a.m. to start its consideration of the combined fourth and fifth periodic report of Croatia (CAT/C/HRV/4-5).
Report
The second periodic report of Burundi can be read via the following link: CAT/C/BDI/2.
Presentation of the Report
AUGUSTIN NSANZE, Chief Adviser to the Presidency on Political and Diplomatic Issues and International Cooperation of Burundi, introducing the report, said that Article 19 of the Constitution was not exhaustive in regard to the human rights instruments incorporated in it. Article 25 provided for the absolute prohibition of torture, and the law on crimes of genocide, crimes against humanity and war crimes retained torture as part of this category of crimes. The right not to be subjected to torture was an inalienable right in Burundi, and sentences for acts of torture could not be reduced. Steps had been taken to review the Military Criminal Code to ensure that prohibited acts of torture were clearly spelled out therein. The National Human Rights Commission, established in 2011, exercised its mandate in full independence and it had broad-ranging investigative powers and the necessary human and financial resources. The Code of Penal Procedure provided for guarantees to the right of defence and defined the timeframe within which the accused must have appeared before the judge and provided for their right to challenge arrest or detention. Measures to combat violence against women included the Presidential Declaration on zero tolerance for crimes of gender-based or sexual violence and impunity, adoption of the draft bill on prevention, protection and repression of gender-based violence, currently before the Parliament, creation of specialized chambers for sexual violence and gender-based violence in all first instance courts with the mandate to rapidly deal with cases of violence against women, and the introduction in the Code of Penal Procedure of more severe penalties for perpetrators of violence. Domestic violence remained duly criminalized and sanctioned by articles 535 to 537 of the Criminal Law.
Annual training and awareness raising workshops on human rights obligations of Burundi, including on those spelled out in the Convention against Torture, were organized for communal administration, judges, officers from the penitentiary system, and law enforcement forces. A number of measures had been undertaken to reduce the prison population, including the Presidential pardon for certain categories of prisoners and the review of all prisoners’ files to ensure they were not held beyond their sentence. During the first trimester of 2014, there were 8,075 prisoners, including 3,834 in pre-trial detention. In 2013, the National Human Rights Commission had received 10 allegations of acts of torture, of which eight were retained for further action. The Fund for Compensation of Victims of Torture was in the process of being established and the national shelter structure for victims of sexual violence had been up and running since July 2012. The conditions of detention were worrying and were still not in conformity with the Standard Minimum Rules for the Treatment of Prisoners. An awareness raising campaign on corporal punishment in schools had been organized, while the Ministry of Education had issued an order forbidding the practice. Since 2009, the juvenile justice system had been a priority in the judicial reform: new provisions concerning restorative justice had been introduced in the new Criminal Code, a law on the protection of children was currently being drafted, and specialized chambers for minors had been established in courts.
Questions by the Country Rapporteurs
ABDOULAYE GAYE, Committee Expert acting as Country Rapporteur, inquired about the definition of torture in the national legislation and asked for a copy of relevant texts to enable the Committee to assess the compliance with the provisions of the Convention against Torture in this regard, and for a copy of judicial rulings invoking the provisions of the Convention. The sentence for torture extended from several years to life in prison and could not be reduced and Mr. Gaye wondered about the objective criteria judges could use to pronounce sentences to perpetrators of torture. The Bill on the Truth and Reconciliation Commission was in its draft stage and the Committee had received information that this would be exclusively a governmental body and would not be open to the participation of other sectors of the society; could the delegation comment on this and inform whether a Commissioner had already been appointed?
The Commission of Inquiry had led to the opening of 14 prosecutions of torture, while more than 100 cases of human rights violations including torture and extra-judicial killings had been reported by the United Nations Integrated Mission in Burundi. The high-ranking officials accused of acts of torture had all been released and the Committee Expert asked for updates on the prosecution. Mr. Gaye highlighted a number of individual cases of torture and reminded Burundi of its obligation under the Convention against Torture to carry out investigations, even in the absence of a complaint by a victim, or even absence of the victim him or herself.
The new Code of Criminal Procedure maintained the previous system of seven days renewable in pre-trial detention or police custody, which was too long and in itself could constitute an act of torture, and efforts should be made to cut this time to a minimum. What other guarantees on the right to liberty were in place?
Mr. Gaye commended Burundi for efforts to combat violence against women and violence against minors and asked about undocumented migrants.
ESSADIA BELMIR, Committee Expert acting as Country Rapporteur, noted the training activities in Burundi for State officials, judiciary and law enforcement officers on international human rights instruments, international humanitarian law, torture, conduct and other issues and stressed the lack of basic training for judges and the police; the police force was in constant flux and there was still a long way to go to ensure that torture could not be carried out.
Places of deprivation of liberty were not systematically monitored and there was a problem with guarantees to fundamental rights and freedoms. Pre-trial detention could be as long as 14 days, and police custody could last up to one month which could also be extended indefinitely. The reasons Burundi noted as grounds for prolonged detention could not justify infringement on fundamental rights and freedoms, said Ms. Belmir, noting that the standard was 48 hours in detention before an individual appeared before a judge.
Conditions in prisons were an issue of concern, and there were reports of repeated rapes, even by prison guards, occurring at night. It seemed that anyone could detain anyone in Burundi and the judiciary must improve to be worthy of its name.
On the lack of judicial power, Ms. Belmir said that there were cases where crimes had been committed, such as the beheading of three Italian nuns, but no judicial action had been taken; were such cases true and was the judiciary even aware of them? Was the pressure from the political parties such that it paralysed the judiciary? Magistrates who wished to perform their duty properly often faced pressure and were even transferred.
There was still a lot of work to be done to provide rehabilitation and redress to victims of violence, noted the Country Rapporteur, and asked about the compensation of victims of torture while waiting for the establishment of the Fund for Compensation for Victims of Torture.
Questions by the Committee Experts
Concerning arbitrary arrests and violence against religious worshippers in which nine people had died, a Committee Expert asked about the follow up to those events and the prosecution of perpetrators. Impunity for politically motivated violence remained a serious issue, and of particular concern was that the police was biased, acted on the side of a particular political force and was used for political purposes. Same-sex relations were criminalized; what were the plans to look into the law and protect minorities from prosecution and violence?
There were gaps in policies against torture, but the main concern was the huge gap between the legislation and the reality lived by the citizens. The delegation was asked who was responsible for the oversight of the law enforcement bodies in the country; whether the justice system inspired confidence and how the separation between the executive and judiciary was implemented in practice; and how were the judges appointed and the principles of impartiality and independence guaranteed.
The delegation was asked to update the Committee on the amendments of the Code of Criminal Procedure, which aimed to reduce the maximum period of custody, the system of visits to places of detention, which was an effective tool against torture, implementation of recommendations issued by the official visiting mechanism, the process to establish a national preventive mechanism, and measures to improve living conditions in prisons.
CLAUDIO GROSSMAN, Committee Chairperson, asked the delegation about the creation of the National Human Rights Commission and the complaints it had received; deaths in prison including for minorities such as Albinos; the discretion of judges to reduce pre-trial detention; and what was being done to combat impunity for extra-judicial killings.
Replies by the Delegation
Responding to the questions and comments made by the Committee Experts, the head of the delegation said that Burundi was represented by a small but important delegation and went on to explain that the definition of torture in the national legislation followed that specified in the Convention against Torture and provided absolute prohibition of torture. The Criminal Code provided for severe punishment for acts of torture; torture committed by an order of a superior was not condoned, and the judge had the power to prohibit persons who had committed torture from returning to their jobs. In cooperation with the Dutch Government, the review of the Military Code had been undertaken and was now before the Parliament.
The Government was committed to redoubling the resources provided to the independent National Human Rights Commission and so ensure the extension of its range of activities. Concerning the Truth and Reconciliation Commission and the alleged exclusion of civil society from participation therein, the delegation read out the articles of the relative law, which spelled out the selection process of 11 members of the Commission, and said that it was the National Assembly which decided, by simple majority, to select candidates from the shortlist. Civil society had been involved and consulted in the passing of the law and establishing the Truth and Reconciliation Commission.
Burundi was committed to improve the detention system and had established a Commission mandated to carry out visits to places of detention throughout the country, hear complaints by detainees, including those whose sentences had been completed, but who had not yet been released.
Maximum time in pre-trial detention was seven days, which could be extended for another seven days. In practice, often this timeframe of maximum 14 days in pre-trial detention was not met, and persons often spent less than seven days in custody. Burundi was aware of the need to improve living conditions in prisons, and efforts had been made to ensure the separation of female and male prisoners, which as of today, was a reality in three places of detention in the country.
The investigation into the execution of three nuns in Kamenge continued and a suspect, who some thought suffered from a mental illness, had been arrested and had admitted his guilt. The investigators were waiting for an expert medical opinion on his mental capacities, and the suspect had access to a defence lawyer.
Various measures had been taken to guarantee the independence of the judiciary. Training was being provided to ensure that appropriate capacity-building was in place and the Government had been stressing the issue of the Code of Ethics. A number of judges had already been appointed as a result of a competitive examination.
Burundi had a wide ranging programme of assisting vulnerable persons, while the Ministry of National Solidarity had a department dedicated to this category of individuals. Vulnerable persons were assisted with the payment of their medical bills to ensure that no person would be imprisoned for failing to meet their health costs.
Decriminalization of homosexuality in law still needed to happen, it existed de facto and sexual minorities were not prosecuted in the country. In order to protect the human rights of persons with Albinism, the Government had to carry out awareness raising in the community and among the judges.
During the period 2008 to 2014, a total of 236 persons had died in police custody. There was no intention at the moment to reduce the duration of pre-trial detention in the Code of Criminal Procedure and it remained at seven days.
The national preventive mechanism in Burundi was not yet operational, but the independent National Human Rights Commission could play this role in the meantime, said the delegation. The Government was exploring the manner in which this role could be included in the mandate of the Commission which required the amendment of the related law.
Further Questions by the Committee Experts
ABDOULAYE GAYE, Committee Expert acting as Country Rapporteur, inquired about more than 400 deaths that the delegation mentioned, whether they occurred in custody or in prison. The Convention against Torture was a part of the Constitutional block in the country, and the Country Rapporteur asked whether judges could invoke the Convention directly. Mr. Gaye expressed concern about Article 10 of the Criminal Code, and the lack of legal provisions allowing prosecution for torture of those individuals who had committed the act in the territory of a State which did not criminalize torture. The 2014 report on the state of the judicial system had not been widely distributed and the Country Rapporteur wondered about the implementation of its recommendations. The new media law did not allow journalists to protect their sources.
ESSADIA BELMIR, Committee Expert acting as Country Rapporteur, noted the weaknesses in the judiciary system and the serious failings in the infrastructure; judges and lawyers had difficulties in exercising their functions because of a lack of resources. The prison population had been reduced to about 7,000 from the previous 11,000, mainly through the use of Presidential pardon, but this was not a sustainable solution to the problem of prison overcrowding; what must be addressed was the criminal procedure and the undue length of pre-trial detention and police custody.
The delegation was also asked about the establishment of the national preventive mechanism, denial of access to places of deprivation of liberty to non-governmental organizations, independent investigations into the claims that the Government was supplying arms to Imbonerakure youth militia which was committing human rights violations with impunity, and about major reasons for death in custody.
CLAUDIO GROSSMAN, Committee Chairperson, noted the problem of precarious living conditions in prisons and stressed the need to apply alternative measures and develop different methods of detention, with the involvement of civil society.
Further Responses by the Delegation
Taking the floor to answer the questions raised by the Experts, the head of the delegation stressed that Burundi was coming out of a very long conflict, rebuilding society and embedding the values of non-violence which it used to have. The reform of the Armed Forces was the most successful reform in the country, which saw the merging of the old army with the rebels.
The 263 deaths were deaths in prison, not deaths in police custody; they were natural deaths and not as a result of violence. The new Criminal Code defined an alternative measure to detention, namely the sentence of community service or public works for certain categories of persons. This was indicative of the Government’s desire to improve the situation in prisons; the Government did not lack political will, but it lacked the resources. For example, one of the reasons for the prolonged pre-trial detention was the lack of resources to ensure the transfer of prisoners between police stations.
The Justice Professional Centre had been recently established and was mandated to deliver professional development courses for judges, magistrates and judicial police.
Concluding Remarks
CLAUDIO GROSSMAN, Committee Chairperson, thanked the delegation for the important and useful information it had provided to the Committee and looked forward to continuing this interactive dialogue.
AUGUSTIN NSANZE, Chief Adviser to the Presidency on Political and Diplomatic Issues and International Cooperation, thanked the Committee for the way in which the dialogue had been run; the delegation had tried to respond to the concerns raised by the Committee members. He reiterated the commitment of Burundi to continue working with the Committee against Torture.
_______________
The Committee against Torture today concluded its consideration of the second periodic report of Burundi on its implementation of the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Introducing the report, Augustin Nsanze, Chief Adviser to the Presidency on Political and Diplomatic Issues and International Cooperation of Burundi, said that the right not to be subjected to torture was an inalienable right; steps had been taken to review the Military Criminal Code to ensure that prohibited acts of torture were clearly spelled out therein. The National Human Rights Commission, established in 2011, exercised its mandate in full independence and had broad-ranging investigative powers and the necessary human and financial resources. Measures to combat violence against women included the Presidential Declaration on zero tolerance for crimes of gender-based or sexual violence, adoption of the draft bill on prevention, protection and repression of gender-based violence, and the creation of specialized chambers in all first instance courts to rapidly deal with cases of violence against women.
Committee Experts commended Burundi for its efforts to combat violence against women and children and, while recognizing the policies against torture in place in Burundi, expressed concern about the gaps in those policies and the gap between the legislation and the reality lived by the citizens. Impunity for politically motivated violence remained a serious issue; the police was biased, acted on the side of a particular political force and was used for political purposes. Experts expressed concern about the lack of basic training for judges and the police, which meant that there was still a long way to go to ensure that torture was not carried out. Places of deprivation of liberty were not systematically monitored and the conditions in prisons were an issue of serious concern. The delegation was also asked about the Commission of Inquiry into acts of torture and extra-judicial killings, the system of monitoring places of detention and the composition of the Truth and Reconciliation Commission which seemed to be an exclusively governmental body.
In concluding remarks, Mr. Nsanze thanked the Committee for the way in which the dialogue had been run and reiterated the commitment of Burundi to continue working with the Committee against Torture.
Claudio Grossman, Committee Chairperson, in concluding remarks, thanked the delegation for the important and useful information it had provided to the Committee and said he was looking forward to continuing this interactive dialogue.
The delegation of Burundi also included representatives of the Ministry of National Solidarity, Human Rights and Gender, and members of the Permanent Mission of Burundi to the United Nations Office at Geneva.
The Committee will reconvene in public on Thursday, 13 November, at 10 a.m. to start its consideration of the combined fourth and fifth periodic report of Croatia (CAT/C/HRV/4-5).
Report
The second periodic report of Burundi can be read via the following link: CAT/C/BDI/2.
Presentation of the Report
AUGUSTIN NSANZE, Chief Adviser to the Presidency on Political and Diplomatic Issues and International Cooperation of Burundi, introducing the report, said that Article 19 of the Constitution was not exhaustive in regard to the human rights instruments incorporated in it. Article 25 provided for the absolute prohibition of torture, and the law on crimes of genocide, crimes against humanity and war crimes retained torture as part of this category of crimes. The right not to be subjected to torture was an inalienable right in Burundi, and sentences for acts of torture could not be reduced. Steps had been taken to review the Military Criminal Code to ensure that prohibited acts of torture were clearly spelled out therein. The National Human Rights Commission, established in 2011, exercised its mandate in full independence and it had broad-ranging investigative powers and the necessary human and financial resources. The Code of Penal Procedure provided for guarantees to the right of defence and defined the timeframe within which the accused must have appeared before the judge and provided for their right to challenge arrest or detention. Measures to combat violence against women included the Presidential Declaration on zero tolerance for crimes of gender-based or sexual violence and impunity, adoption of the draft bill on prevention, protection and repression of gender-based violence, currently before the Parliament, creation of specialized chambers for sexual violence and gender-based violence in all first instance courts with the mandate to rapidly deal with cases of violence against women, and the introduction in the Code of Penal Procedure of more severe penalties for perpetrators of violence. Domestic violence remained duly criminalized and sanctioned by articles 535 to 537 of the Criminal Law.
Annual training and awareness raising workshops on human rights obligations of Burundi, including on those spelled out in the Convention against Torture, were organized for communal administration, judges, officers from the penitentiary system, and law enforcement forces. A number of measures had been undertaken to reduce the prison population, including the Presidential pardon for certain categories of prisoners and the review of all prisoners’ files to ensure they were not held beyond their sentence. During the first trimester of 2014, there were 8,075 prisoners, including 3,834 in pre-trial detention. In 2013, the National Human Rights Commission had received 10 allegations of acts of torture, of which eight were retained for further action. The Fund for Compensation of Victims of Torture was in the process of being established and the national shelter structure for victims of sexual violence had been up and running since July 2012. The conditions of detention were worrying and were still not in conformity with the Standard Minimum Rules for the Treatment of Prisoners. An awareness raising campaign on corporal punishment in schools had been organized, while the Ministry of Education had issued an order forbidding the practice. Since 2009, the juvenile justice system had been a priority in the judicial reform: new provisions concerning restorative justice had been introduced in the new Criminal Code, a law on the protection of children was currently being drafted, and specialized chambers for minors had been established in courts.
Questions by the Country Rapporteurs
ABDOULAYE GAYE, Committee Expert acting as Country Rapporteur, inquired about the definition of torture in the national legislation and asked for a copy of relevant texts to enable the Committee to assess the compliance with the provisions of the Convention against Torture in this regard, and for a copy of judicial rulings invoking the provisions of the Convention. The sentence for torture extended from several years to life in prison and could not be reduced and Mr. Gaye wondered about the objective criteria judges could use to pronounce sentences to perpetrators of torture. The Bill on the Truth and Reconciliation Commission was in its draft stage and the Committee had received information that this would be exclusively a governmental body and would not be open to the participation of other sectors of the society; could the delegation comment on this and inform whether a Commissioner had already been appointed?
The Commission of Inquiry had led to the opening of 14 prosecutions of torture, while more than 100 cases of human rights violations including torture and extra-judicial killings had been reported by the United Nations Integrated Mission in Burundi. The high-ranking officials accused of acts of torture had all been released and the Committee Expert asked for updates on the prosecution. Mr. Gaye highlighted a number of individual cases of torture and reminded Burundi of its obligation under the Convention against Torture to carry out investigations, even in the absence of a complaint by a victim, or even absence of the victim him or herself.
The new Code of Criminal Procedure maintained the previous system of seven days renewable in pre-trial detention or police custody, which was too long and in itself could constitute an act of torture, and efforts should be made to cut this time to a minimum. What other guarantees on the right to liberty were in place?
Mr. Gaye commended Burundi for efforts to combat violence against women and violence against minors and asked about undocumented migrants.
ESSADIA BELMIR, Committee Expert acting as Country Rapporteur, noted the training activities in Burundi for State officials, judiciary and law enforcement officers on international human rights instruments, international humanitarian law, torture, conduct and other issues and stressed the lack of basic training for judges and the police; the police force was in constant flux and there was still a long way to go to ensure that torture could not be carried out.
Places of deprivation of liberty were not systematically monitored and there was a problem with guarantees to fundamental rights and freedoms. Pre-trial detention could be as long as 14 days, and police custody could last up to one month which could also be extended indefinitely. The reasons Burundi noted as grounds for prolonged detention could not justify infringement on fundamental rights and freedoms, said Ms. Belmir, noting that the standard was 48 hours in detention before an individual appeared before a judge.
Conditions in prisons were an issue of concern, and there were reports of repeated rapes, even by prison guards, occurring at night. It seemed that anyone could detain anyone in Burundi and the judiciary must improve to be worthy of its name.
On the lack of judicial power, Ms. Belmir said that there were cases where crimes had been committed, such as the beheading of three Italian nuns, but no judicial action had been taken; were such cases true and was the judiciary even aware of them? Was the pressure from the political parties such that it paralysed the judiciary? Magistrates who wished to perform their duty properly often faced pressure and were even transferred.
There was still a lot of work to be done to provide rehabilitation and redress to victims of violence, noted the Country Rapporteur, and asked about the compensation of victims of torture while waiting for the establishment of the Fund for Compensation for Victims of Torture.
Questions by the Committee Experts
Concerning arbitrary arrests and violence against religious worshippers in which nine people had died, a Committee Expert asked about the follow up to those events and the prosecution of perpetrators. Impunity for politically motivated violence remained a serious issue, and of particular concern was that the police was biased, acted on the side of a particular political force and was used for political purposes. Same-sex relations were criminalized; what were the plans to look into the law and protect minorities from prosecution and violence?
There were gaps in policies against torture, but the main concern was the huge gap between the legislation and the reality lived by the citizens. The delegation was asked who was responsible for the oversight of the law enforcement bodies in the country; whether the justice system inspired confidence and how the separation between the executive and judiciary was implemented in practice; and how were the judges appointed and the principles of impartiality and independence guaranteed.
The delegation was asked to update the Committee on the amendments of the Code of Criminal Procedure, which aimed to reduce the maximum period of custody, the system of visits to places of detention, which was an effective tool against torture, implementation of recommendations issued by the official visiting mechanism, the process to establish a national preventive mechanism, and measures to improve living conditions in prisons.
CLAUDIO GROSSMAN, Committee Chairperson, asked the delegation about the creation of the National Human Rights Commission and the complaints it had received; deaths in prison including for minorities such as Albinos; the discretion of judges to reduce pre-trial detention; and what was being done to combat impunity for extra-judicial killings.
Replies by the Delegation
Responding to the questions and comments made by the Committee Experts, the head of the delegation said that Burundi was represented by a small but important delegation and went on to explain that the definition of torture in the national legislation followed that specified in the Convention against Torture and provided absolute prohibition of torture. The Criminal Code provided for severe punishment for acts of torture; torture committed by an order of a superior was not condoned, and the judge had the power to prohibit persons who had committed torture from returning to their jobs. In cooperation with the Dutch Government, the review of the Military Code had been undertaken and was now before the Parliament.
The Government was committed to redoubling the resources provided to the independent National Human Rights Commission and so ensure the extension of its range of activities. Concerning the Truth and Reconciliation Commission and the alleged exclusion of civil society from participation therein, the delegation read out the articles of the relative law, which spelled out the selection process of 11 members of the Commission, and said that it was the National Assembly which decided, by simple majority, to select candidates from the shortlist. Civil society had been involved and consulted in the passing of the law and establishing the Truth and Reconciliation Commission.
Burundi was committed to improve the detention system and had established a Commission mandated to carry out visits to places of detention throughout the country, hear complaints by detainees, including those whose sentences had been completed, but who had not yet been released.
Maximum time in pre-trial detention was seven days, which could be extended for another seven days. In practice, often this timeframe of maximum 14 days in pre-trial detention was not met, and persons often spent less than seven days in custody. Burundi was aware of the need to improve living conditions in prisons, and efforts had been made to ensure the separation of female and male prisoners, which as of today, was a reality in three places of detention in the country.
The investigation into the execution of three nuns in Kamenge continued and a suspect, who some thought suffered from a mental illness, had been arrested and had admitted his guilt. The investigators were waiting for an expert medical opinion on his mental capacities, and the suspect had access to a defence lawyer.
Various measures had been taken to guarantee the independence of the judiciary. Training was being provided to ensure that appropriate capacity-building was in place and the Government had been stressing the issue of the Code of Ethics. A number of judges had already been appointed as a result of a competitive examination.
Burundi had a wide ranging programme of assisting vulnerable persons, while the Ministry of National Solidarity had a department dedicated to this category of individuals. Vulnerable persons were assisted with the payment of their medical bills to ensure that no person would be imprisoned for failing to meet their health costs.
Decriminalization of homosexuality in law still needed to happen, it existed de facto and sexual minorities were not prosecuted in the country. In order to protect the human rights of persons with Albinism, the Government had to carry out awareness raising in the community and among the judges.
During the period 2008 to 2014, a total of 236 persons had died in police custody. There was no intention at the moment to reduce the duration of pre-trial detention in the Code of Criminal Procedure and it remained at seven days.
The national preventive mechanism in Burundi was not yet operational, but the independent National Human Rights Commission could play this role in the meantime, said the delegation. The Government was exploring the manner in which this role could be included in the mandate of the Commission which required the amendment of the related law.
Further Questions by the Committee Experts
ABDOULAYE GAYE, Committee Expert acting as Country Rapporteur, inquired about more than 400 deaths that the delegation mentioned, whether they occurred in custody or in prison. The Convention against Torture was a part of the Constitutional block in the country, and the Country Rapporteur asked whether judges could invoke the Convention directly. Mr. Gaye expressed concern about Article 10 of the Criminal Code, and the lack of legal provisions allowing prosecution for torture of those individuals who had committed the act in the territory of a State which did not criminalize torture. The 2014 report on the state of the judicial system had not been widely distributed and the Country Rapporteur wondered about the implementation of its recommendations. The new media law did not allow journalists to protect their sources.
ESSADIA BELMIR, Committee Expert acting as Country Rapporteur, noted the weaknesses in the judiciary system and the serious failings in the infrastructure; judges and lawyers had difficulties in exercising their functions because of a lack of resources. The prison population had been reduced to about 7,000 from the previous 11,000, mainly through the use of Presidential pardon, but this was not a sustainable solution to the problem of prison overcrowding; what must be addressed was the criminal procedure and the undue length of pre-trial detention and police custody.
The delegation was also asked about the establishment of the national preventive mechanism, denial of access to places of deprivation of liberty to non-governmental organizations, independent investigations into the claims that the Government was supplying arms to Imbonerakure youth militia which was committing human rights violations with impunity, and about major reasons for death in custody.
CLAUDIO GROSSMAN, Committee Chairperson, noted the problem of precarious living conditions in prisons and stressed the need to apply alternative measures and develop different methods of detention, with the involvement of civil society.
Further Responses by the Delegation
Taking the floor to answer the questions raised by the Experts, the head of the delegation stressed that Burundi was coming out of a very long conflict, rebuilding society and embedding the values of non-violence which it used to have. The reform of the Armed Forces was the most successful reform in the country, which saw the merging of the old army with the rebels.
The 263 deaths were deaths in prison, not deaths in police custody; they were natural deaths and not as a result of violence. The new Criminal Code defined an alternative measure to detention, namely the sentence of community service or public works for certain categories of persons. This was indicative of the Government’s desire to improve the situation in prisons; the Government did not lack political will, but it lacked the resources. For example, one of the reasons for the prolonged pre-trial detention was the lack of resources to ensure the transfer of prisoners between police stations.
The Justice Professional Centre had been recently established and was mandated to deliver professional development courses for judges, magistrates and judicial police.
Concluding Remarks
CLAUDIO GROSSMAN, Committee Chairperson, thanked the delegation for the important and useful information it had provided to the Committee and looked forward to continuing this interactive dialogue.
AUGUSTIN NSANZE, Chief Adviser to the Presidency on Political and Diplomatic Issues and International Cooperation, thanked the Committee for the way in which the dialogue had been run; the delegation had tried to respond to the concerns raised by the Committee members. He reiterated the commitment of Burundi to continue working with the Committee against Torture.
_______________
For use of the information media; not an official record