CAT/C/57/D/551/2013 nothing whatsoever to compensation for the violation of article 15 from which he has suffered. 5.4 As for restitution, the complainant asks to be released, given that he is being detained arbitrarily, pursuant to unfair procedures based on a confession obtained under torture, and requests a review of the charges against him that excludes his confession, which should be declared null and void. 5.5 The complainant also requests that the State party pay him compensation, which should be expeditious, fair and appropriate. The complainant requests, in particular, compensation for physical, psychological and mental harm. The physical suffering and psychological trauma resulting from torture should be evaluated in a medical report drawn up in line with the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol). His wife and children should also be compensated for the mental harm they have suffered as a result of the violations suffered by the complainant. The complainant also requests the reimbursement by the State party of the lawyers’ fees incurred in: the criminal proceedings related to the allegations of torture; the proceedings in which the complainant was charged on the basis of a confession obtained under torture; and the proceedings before the Committee; as well as the reimbursement of any medical bills that might be incurred for his physical and psychological rehabilitation. In addition, the complainant asserts his right to receive appropriate rehabilitation care free of charge and without delay (without waiting for the conclusion of the criminal proceedings to be conducted by the Tunisian courts in order to punish the torturers). 5.6 In a further letter dated 17 February 2015, the complainant informed the Committee that his wife has filed another application for his conditional release. Like earlier applications, this one has met with no reply. The same is true of the numerous requests for pardon submitted by the complainant on the occasion of national public holidays. Hundreds of prisoners have benefited from a presidential pardon on such occasions, but the complainant’s requests have been repeatedly ignored. 5.7 Given that he was arrested on 1 September 2009 and imprisoned on 11 September 2009, the complainant has already served well over half of his sentence and would normally be entitled to parole. However, far from being released, he continues to be persecuted by the justice system. He was sentenced in May 2012 to a further 8 months’ imprisonment on the same charges of trafficking in cars for which he had already been sentenced to 7 years’ imprisonment, on the basis of a confession signed under torture. Although he has been in detention for over 5 years, the Tunis court sentenced him in absentia. He is also being prosecuted in four other cases of trafficking in cars. He believes that these four cases relate to the same acts for which he was sentenced at his first trial. Issues and proceedings before the Committee Consideration of admissibility 6.1 Before considering any claims contained in a complaint, the Committee must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. 6.2 The Committee notes that the State party does not contest admissibility. As the Committee finds no other obstacles to admissibility, it declares the communication admissible. GE.16-13706 7

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