CAT/C/57/D/551/2013 2.8 In April 2012, the complainant’s wife was received by the principal private secretary of the Minister of Justice, who told her that an investigation into torture had just been opened by the investigating judge of office No. 15 of the Tunis court of first instance. On 10 May 2012, the Tunis court of appeal reduced the complainant’s 10-year prison sentence to 1 year.6 Two days later, the same court of appeal, configured differently, reduced the other sentence from 22 years to 7 years in prison. During both sets of appeal proceedings, the complainant denounced the torture to which he had been subjected, but the judges overlooked this and based their decision on the confession obtained under torture. On 2 January 2013, the complainant’s appeal to the court of cassation was dismissed. At that point his conviction became final. 2.9 It appears that the complainant continues to suffer from after-effects that are a direct result of the acts of torture to which he was subjected, including a fracture of the big toe on his left foot, back pain, heel spurs, a fracture of the jaw, tinnitus, a swollen finger on his left hand, and psychological sequelae for which he has not yet received proper treatment. 7 The complaint 3.1 The complainant claims that the State party violated his rights under articles 1, 2 and 11 of the Convention by not taking all effective measures to prevent his being subjected to torture during questioning. 6 7 The complainant refers to the minutes of his hearings at the Tunis court of first instance (in Arabic), dated 11 May, 15 June and 23 July 2012. The complainant provides a medical report dated 23 March 2012, written by a Mornaguia prison doctor. The doctor reported that the complainant had been monitored at the prison infirmary since 12 September 2009, and that he had presented with the following medical history: chronic coronary syndrome since 2007, with vasospastic right-dominant coronary circulation with 40-45 per cent calcification of the first diagonal; and high blood pressure and dyslipidemia (high levels of blood fats) for the past three years. According to the doctor, the complainant had stated straight away that he had been the victim of violence during the 10 days leading up to his imprisonment. The medical examination had revealed a painful oedema (swelling of the tissue) in the left big toe and abrasion of the sole of the foot. An X-ray of the left foot had revealed a fracture of the big toe. On 28 January 2010, the complainant had presented with dyspnoea (laboured breathing) and had been referred to a hospital emergency room, where a heart attack had been ruled out. On 16 April 2010, the complainant had had an appointment with a cardiologist, and it had been found that his electrocardiogram results had returned to normal. On 25 June 2010, a thoracic sonogram had been carried out and had produced normal results. On 16 July 2010 and 22 November 2010, the complainant had had appointments at a cardiology department, where stress test results had come back negative. On 16 March 2011, he had received a check-up at a hospital cardiology department. The complainant had seen a doctor several times in prison for foot pain related to inflammation of the plantar fascia, especially on the right, and for mechanical lower-back pain. X-rays of the heel and lumbar spine had been normal. Each time, the complainant had been prescribed painkillers and anti-inflammatory drugs. On 3 May 2011, he had had an outpatient appointment with a rheumatologist, who had found he had a high arch (a defect acquired as he was growing up). On 20 September 2011, the results of a blood test ordered when he was suffering from dysuria (painful urination) had been normal. On 27 February 2012, the complainant had seen a neurosurgical specialist in a hospital after lower-back pains had not been relieved by physiotherapy, painkillers and anti-inflammatory drugs. He had been supplied with an orthopaedic support belt, apparently paid for by the prison’s social fund. A follow-up visit to an external cardiologist was planned for April 2012. The doctor concluded that the complainant was “generally in good health”. The complainant has also submitted a medical report dated 27 April 2013, written by a Mornaguia prison doctor, in which the doctor notes that the complainant said he had been on hunger strike since 23 March 2013 and that he still had all his mental, psychological and physical capacities. According to the report, the complainant’s health had suffered and he needed to be monitored and treated in hospital. 4 GE.16-13706