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 GE.18-13070

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