Burundi condemned once again by the UN for torturing a student

The events date back to 21 January 2016. E.N., a student at the time, was on his way home from school with his brother when they were targeted by five uniformed police officers. The police were looking for young people suspected of belonging to armed groups and of having taken part in demonstrations against President Pierre Nkurunziza's third term in office. After following them to their home, one of the police officers shot E.N. in the leg at point-blank range, breaking his shin. Despite his cries for help, the officers abandoned him without giving him the slightest assistance. His brother was chased, beaten and shot dead.

Since this tragic episode, E.N. has suffered the physical after-effects of his injury, as well as deep psychological wounds. He was forced to flee Burundi, fearing for his life.

In its decision, the CAT criticised the State for the excessive and disproportionate use of force by police officers. The Committee recognises that the Burundian police officers used excessive and disproportionate force, thereby committing acts of torture against the student, by shooting at him in order to intimidate and punish him, and taking no measures to protect him in view of his injury, in violation of the Convention against Torture. CAT also condemns the inaction of the Burundian authorities, who have not undertaken any serious investigation more than nine years after the events and three years after the complaint was lodged, which constitutes a "manifestly abusive" delay.

"This case sends a clear message: every act of torture counts, every survivor's voice deserves to be heard, and no State is above international law”.

Jeanne d'Arc Zaninyana, the victim's lawyer

The CAT urges the Burundian government to open an impartial and thorough investigation into these acts, prosecute the perpetrators and provide the victim with adequate compensation. It also stresses, with concern, the persistent absence of an independent, confidential and effective mechanism for receiving complaints of torture or ill-treatment in the country.

While hundreds of cases of torture have been documented in Burundi since the 2015 crisis, only three cases have been tried by the courts in the last five years, a clear sign of the culture of impunity that continues to prevail.

The case, which was brought in 2021 by Jeanne d'Arc Zaninyana, supported by the Groupe d'Intervention Judiciaire of the SOS-Torture network in Africa, is an important victory for justice and shows that acts of torture perpetrated by state agents in Burundi do not go unpunished, even nearly 10 years after the events.

It now remains to be seen whether the Burundian government will respect its international obligations and implement the Committee's recommendations within the three-month deadline.

The signatories:

The following lawyers have signed this statement:

• LOUBASSOU Christian, Action des chrétiens pour l'abolition de la torture (ACAT-Congo)/ République du Congo
• Maitre WEMBOLUA Henri, Alliance pour l’Universalité des Droits Fondamentaux (AUDF)/ RDC
• Maitre NODJITOLOUM Salomon, Action des chrétiens pour l'abolition de la torture (ACAT/TCHAD) 
• Maitre HAMADOU Kadidiatou, ADEPE/F
• Maitre SOUILAH Mohsen, Centres SANAD/ Tunisie
• Maitre NIYONGERE Armel, SOS-Torture Burundi/ Burundi 
• Maitre KWAMBA TSHINGEJ Frédéric, AFIA MAMA RDC
• Maitre ZANINYANA Jeanne d’Arc, Collectif des Avocats pour la Défense des Victimes de Crimes de Droit International commis au Burundi (CAVIB)/ Burundi

For further information, please contact: Guy Valère BADANARO, Coordinator of the Judicial Intervention Group/SOS-Torture in Africa; Collectif des associations contre l'impunité au Togo (CACIT) / Tel: (+228) 92 18 67 92. Email: guyvalre1@gmail.com

The SOS-Torture Judicial Intervention Group in Africa is a group of lawyers from OMCT's SOS-Torture Network that aims to contribute to the prevention, accountability and redress of cases of torture and other cruel, inhuman or degrading treatment or punishment. It is made up of 16 African lawyers and is sponsored by the World Organisation Against Torture (OMCT) and the Collectif des Associations Contre l'Impunité au Togo (CACIT).