6.3 申诉人还援引了《公约》第 2 条第 1 款，根据该款，缔约国应采取有效的立法、行政、司法和其他措施，防止在其管辖的领土上发生酷刑行为。在这方面，委员会回顾其关于布隆迪初次报告的结论和建议，其中委员会敦促缔约国采取有效的立法、行政和司法措施，防止一切酷刑和虐待行为，并采取紧急措施，使所有拘留场所接受司法当局管理，防止官员进行任意逮捕和实施酷刑。13 在本案中，委员会注意到，申诉人声称他遭到警察殴打，并在健康状况危急的情况下被拘留，得不到适当的治疗，他试图向当局质疑其拘留的合法性，但未果。委员会还注意到，在非政府组织介入此事、对申诉人表示支持之前，缔约国没有采取任何措施保护申诉人。最后，尽管申诉人多次要求，但国家当局仍未采取任何措施调查他遭受的酷刑行为，并予以必要的惩罚。鉴于上述情况，委员会得出结论认为，存在违反《公约》第 2 条第 1 款(与第 1 条一并解读)的情况。14
6.3 The complainant also invokes article 2 (1) of the Convention, under which the State party should have taken effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. In this respect, the Committee recalls its conclusions and recommendations in respect of the initial report of Burundi, in which it urged the State party to take effective legislative, administrative and judicial measures to prevent all acts of torture and all ill-treatment and to take steps, as a matter of urgency, to bring all places of detention under judicial control and to prevent its officials from making arbitrary arrests and engaging in torture.13 In the present case, the Committee takes note of the complainant’s claims that he was beaten by the police, then detained while in critical condition without access to appropriate medical care, and that his attempts to challenge the lawfulness of his detention before the authorities were in vain. The Committee also notes that the State party did not take any measures to protect the complainant until non-governmental organizations intervened to support him. Lastly, the State authorities have taken no steps to investigate the acts of torture suffered by the complainant and duly punish those responsible, despite the complaints he repeatedly presented in this regard. In the light of the foregoing, the Committee finds a violation of article 2 (1), read in conjunction with article 1, of the Convention.14