UN: Burundi punished lawyers for cooperating with torture watchdog, violating treaty

The decision, published today, finds Burundi in clear violation of article 13 of the Convention, which protects individuals who engage with UN human rights mechanisms from intimidation or retaliation.

The United Nations Committee Against Torture (CAT) has ruled that Burundi carried out unlawful reprisals— including disbarment, license suspension, and property seizure — against four Burundian lawyers who cooperated with the Committee during its 2016 review of the country’s compliance with the Convention against Torture. The decision, published today, finds Burundi in clear violation of article 13 of the Convention, which protects individuals who engage with UN human rights mechanisms from intimidation or retaliation.

Lawyers Targeted for Engaging with UN Human Rights Processes

The case concerns four lawyers who contributed to a joint civil society report submitted to the CAT and, in three cases, travelled to Geneva to participate in the Committee’s 58th session in 2016. Their engagement formed part of the CAT’s mandated review of Burundi’s obligations under the Convention.

Todd Buchwald, a member of the Committee, emphasized the importance of civil society participation:“Civil society plays a critically important role in the Committee’s country review process. States must protect, not punish, those who seek to engage with international human rights bodies.”

Repression Following 2015 Protests

The complainants were among many Burundians who took part in peaceful demonstrations in 2015 against then-President Pierre Nkurunziza’s decision to seek a third term—an action they viewed as unconstitutional and contrary to the Arusha Peace Agreement. The protests were violently suppressed by security forces, prompting widespread human rights violations and triggering a wave of political repression.

The four lawyers condemned the violent crackdown and later fled Burundi amid intensifying threats, eventually going into exile to ensure their safety.

Reprisals Linked to CAT Participation

During the CAT’s 2016 review, the Burundian delegation walked out of the second day of the session, objecting to the Committee’s use of information from civil society. On the same day, the Public Prosecutor of the Court of Appeal in Bujumbura initiated proceedings to disbar the complainants. This resulted in:

• Disbarment of three lawyers

• Suspension of the professional licence of the fourth

Despite repeated letters from the CAT expressing concern—sent on 12 August 2016 and 21 February 2017—the Burundian authorities did not respond.

In a further escalation, the president of the Supreme Court and the Attorney General ordered the seizure of the complainants’ property in 2019, a move the Committee also identified as retaliatory.

With no explanation from the State Party regarding the timing or justification for these actions, the Committee determined that the measures were reprisals directly linked to the lawyers’ cooperation with the UN body.

Clear Violation of International Obligations

The Committee stressed that all States parties to the Convention must refrain from intimidation and retaliation against individuals who participate in its reporting or complaint mechanisms. Retaliation not only violates treaty obligations but also undermines the integrity of international human rights oversight.

Recommended Remedies

In its decision, the Committee urged Burundi to undertake immediate corrective actions, including:

• Restoring the lawyers’ licences and professional rights

• Reversing all disbarment and disciplinary measures

• Restoring property and associated rights

• Providing full redress and compensation

• Ensuring safeguards against similar violations in the future

The ruling reinforces the principle that cooperation with UN human rights bodies must be protected and that reprisals are incompatible with a State’s obligations under international law.