A/HRC/39/63
been committed by Imbonerakure acting alone, sometimes with the assistance or in the
presence of police officers.
42.
Most of the victims in these cases have been young men who were, or were
perceived to be, sympathizers or members of opposition political parties and who refused to
join the ranks of CNDD-FDD or the Imbonerakure, or who were accused of joining armed
groups when they were trying to flee the country. Persons who had refused to register to
vote or who were suspected of calling on voters to reject the constitutional amendment
were targeted during the referendum campaign. In some cases, women have been subjected
to ill-treatment by Imbonerakure who were looking for a member of their family.
43.
Most such acts of torture and ill-treatment have occurred in places of detention:
police or National Intelligence Service holding cells, the Mpimba central prison in
Bujumbura and unofficial places of detention such as private homes. There have also been
cases in which the acts occurred in public places, such as streets or fields. Some victims
were beaten or kicked on different parts of their bodies or were hit with stones, sticks, rods,
metal bars or rifle butts, or were attacked with sharp objects such as machetes or knives.
Some victims were burned with heated metal rods, and some were tied up or handcuffed. In
a number of cases, acts of torture were accompanied by threats, including death threats,
intimidation and verbal abuse, sometimes of an ethnically charged nature.
44.
Several victims described conditions of detention in prisons and police cells that
constitute cruel, inhuman or degrading treatment, including overcrowding in cells,
unhealthy conditions and lack of food, water and medical care.
4.
Sexual violence
45.
The Commission documented numerous cases of sexual violence. The majority of
the victims are women, targeted because they or their spouses belonged or were thought to
belong to the opposition or because they refused to join the ranks of CNDD-FDD or the
Imbonerakure, sometimes out of a desire to remain apolitical. Most of the perpetrators were
Imbonerakure or other men who implied that they were acting on behalf of CNDD-FDD. In
most of the cases, the women were raped by one or several men during attacks on their
homes, which often took place at night. The rapes were often accompanied by other types
of physical violence against the victims and, in some cases, against other members of the
household. The perpetrators sometimes made death threats or ethnically charged remarks.
These acts, especially those committed for a specific purpose such as intimidation or
punishment because of the victim’s assumed political affiliation, constitute acts of torture.
46.
In the context of detention, men have also been victims of sexual violence, including
cases of forced nudity and violence on the genital area. Such violence, which constitutes
torture, has taken place inter alia in National Intelligence Service cells. Sexual violence has
been perpetrated by police or National Intelligence Service officers, generally against
persons suspected of belonging to or supporting armed groups.
47.
The fact that the victims often have not had access to appropriate health care has
exacerbated the consequences of sexual violence. Most of the victims have not filed
complaints because they were afraid of being stigmatized, did not have access to justice or
did not trust that effective measures would be taken against State agents or perpetrators
linked to CNDD-FDD. Several women who had been victims of sexual violence said that
they had informed the local authorities but that the latter had not taken any action. The
persistence of multiple forms of discrimination against women in Burundi is conducive to
sexual violence.
5.
(a)
Civil liberties
Freedom of expression
48.
Most of the violations and restrictions that have been documented, particularly in the
context of the referendum campaign, have curtailed the freedom of expression. With regard
to the media, the National Communication Council, whose powers and subordination to the
executive branch were reinforced by an organization act adopted in March 2018, has
tightened its control over the media and journalists. In September 2017, the National
10
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