203. With regard to torture, article 204 of the Burundian Criminal Code upholds the definition
of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. Torture is therefore any act inflicted by a public official or similar, by which
suffering is intentionally inflicted on a person for the purpose of obtaining from her information,
confessions, etc.
204. Similarly, article 209 of the Criminal Code provides that the criminal penalties applicable
against those responsible for torture are non commmutable. During childhood, punishments can
take the form of corporal punishment.
205. However, school regulations prohibit the administration of corporal punishment of
children. Awareness campaigns are constantly being carried out against any action affecting the
physical integrity of the child.
iv. Exploitation and sexual abuse
206. According to a study carried out by the United Nations Integrated Office in Burundi
(BINUB) in 2007, 97 per cent of victims of sexual violence are female and 3 per cent are male.
In addition, 34% of victims are under the age of 12 and 14% are under the age of five. Of the
900 cases of sexual violence recorded by UNICEF in 2007, 50% concern minors. The 2012
evaluation of the phenomenon of commercial sexual exploitation of children in Burundi
revealed that exploitation and sexual abuse exist.46 Also, the data compiled by NGOs report
more than 1,000 cases of sexual assault per year. These data are incomplete, however, since
most cases of sexual abuse and sexual violence are not reported or documented. Apart from the
cases known by the criminal courts, many victims remain silent for fear of reprisals with a
settlement often concluded amicably.
207. In the context of the prevention and repression of this phenomenon, the Government of
Burundi severely criminalises acts of rape, particularly those committed against a minor.
Indeed, Article 554 of the Penal Code describes as violent rape any act of sexual penetration
committed by an adult against a minor under the age of eighteen, even consenting. Article 556,
on the other hand, increases penalties from 15 years to 30 years when the rape is committed in
particular on a minor under 15, by an ascendant, by a person who abuses the authority that his
duties confers on him, by an educator and a minister of religion. It should be noted that a law on
prevention, protection of victims and repression of gender-based violence was promulgated on
22 September 2016.
46
Study conducted in 2012 by the Ministry of Public Service, Labour and Social Security
45