A/HRC/36/54
procedures prescribed by law. Moreover, many victims were not informed of the reasons
for their arrest.
42.
The Commission is also concerned about draft amendments to the Criminal Code
and the Code of Criminal Procedure which, in some cases, would enable criminal
investigation officers to conduct searches without a warrant, including at night.
43.
In many cases documented by the Commission, the persons arrested were taken to
the National Intelligence Service or police cells and subjected to torture or ill-treatment
before being released or transferred to prisons. Several testimonies referred to secret places
of detention located, for example, within the headquarters of the National Intelligence
Service in Bujumbura or in private houses or containers in different provinces, where
detainees were deprived of any contact with the outside world.
44.
Most of the detainees did not enjoy the safeguards prescribed by the International
Covenant on Civil and Political Rights and by Burundian law, such as access to a lawyer
and to medical care, the possibility of petitioning a court to rule on the legality of their
detention, and the right to receive visits. Many victims were also detained in conditions that
constituted cruel, inhuman or degrading treatment and for periods extending beyond the
maximum allowable time of police custody, namely seven days renewable once only,
which is already excessive.20 The practice in regard to release is often random; publicity
about an arrest, or acquaintance with a person within the State apparatus, can facilitate
release. In many cases, exorbitant amounts of money have been demanded by members of
the National Intelligence Service, the police, the judiciary or the Imbonerakure for the
release of detainees or their transfer to prisons.
4.
Torture and other cruel, inhuman or degrading treatment
45.
The Commission has documented a persistent practice of torture and ill-treatment
since April 2015. Numerous witnesses identified the headquarters of the National
Intelligence Service, situated near Bujumbura Cathedral, as a place where such acts
occurred, while others referred to a police detention centre known as “Chez Ndadaye”,
which was used mainly in 2015 by the Anti-Riot Brigade, among others. Several other
detention centres run by the police and the National Intelligence Service in Bujumbura and
other provinces, as well as some unofficial places of detention, were also mentioned.
46.
The victims interviewed by the Commission mentioned recurrent methods of torture,
including beatings with clubs, rifle butts, bayonets, iron bars, metal chains or electric
cables, as a result of which some victims’ bones were broken and other victims lost
consciousness; long needles thrust into victims’ bodies or unidentified substances injected
into them; nails ripped out. Some victims were placed beside human remains or forced to
eat faeces. Rapes were also committed and acts of torture inflicted on the genital organs of
victims. Detainees were forced to witness executions, convinced that they would be the
next victims. Acts of torture and ill-treatment were often accompanied by insults, including
of an ethnic nature, and threats to kill the victims with firearms or grenades. In many cases
these acts caused severe and enduring physical and psychological trauma.
47.
Victims described conditions of detention that may constitute cruel, inhuman or
degrading treatment, such as prison overcrowding, denial of adequate food and medical
care, denial of access to toilet facilities, and failure to separate adults from minors as was
the case at the National Intelligence Service in Bujumbura.
5.
Sexual violence
48.
Notwithstanding their fears of stigmatization, the Commission was able to interview
more than 45 victims of sexual violence whose ages ranged from 8 to 71 at the time when
the acts were committed. The real number of victims, mostly women but also a few men
and children, is probably much higher. The most recent of these acts of sexual violence
took place in 2017.
20
10
The international norm is 48 hours.
GE.17-13865
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