CAT/C/57/D/551/2013 rights violations before any national or international judicial body, including those of the United Nations. 4.4 The complainant was granted a special pardon on 7 August 2013, on the occasion of a religious feast day, which shortened by 15 months the prison sentence he had received from the Tunis court of appeal for his part in arrangements to injure or damage people and property, giving false evidence, corruption and currency crimes, treason, and making forgeries on the basis of genuine documents. The complainant began to serve his sentence on 6 September 2009. 4.5 As regards the state of the complainant’s health, he has been held in Mornaguia prison. Since 2007, he has been suffering from an arterial embolism and high blood pressure. He has also said he suffers from respiratory insufficiency, and was able to consult a cardiac specialist at the Charles Nicolle hospital in Tunis on 16 April 2014. He underwent specialized tests that showed there was no coronary thrombosis. The results of the tests were normal. Since 12 September 2009, he has had regular medical and health check-ups and has been taking the medication prescribed for him. During his initial medical examination in prison he said he had been subjected to acts of violence for 10 days before being incarcerated. The complainant enjoys the rights set forth in the law governing prisons, in accordance with international human rights standards. 4.6 The Tunisian authorities do not deny the existence of complaints about acts of torture and assault, but ensure that judicial investigations are opened into them and the outcomes are monitored. The Tunisian authorities are working together with the World Organisation against Torture, the Association for the Prevention of Torture and representatives of civil society to put a stop to all acts of torture and cruel, inhuman and degrading treatment. The authorities have entered into discussions with international and non-governmental organizations, government ministries and human rights organizations with a view to establishing a national mechanism to prevent torture and improve preventive measures in this respect. Complainant’s comments on the State party’s observations 5.1 In a letter dated 8 September 2014, the complainant states that the State party has produced no evidence that the preliminary inquiries being conducted into torture can be classed as a diligent, independent, impartial and prompt investigation. At the time of writing, over two-and-a-half years after the complainant’s lawyer filed the second complaint for torture on 22 December 2011, the officers accused by him had still not been heard by a judge. Moreover, these preliminary inquiries had not led to any investigative action since July 2012, over two years earlier. These facts alone demonstrate a violation of articles 12, 13 and 14 of the Convention. 5.2 The complainant feels, moreover, that the State party has not replied to his detailed account of the physical abuse he suffered and has not denied that such abuse took place. It can be presumed that force was used to obtain a confession, since he was held incommunicado for his first six days in custody. The complainant has provided the Committee with the evidence in his possession to justify his allegations, bearing in mind that he is in detention and has not been able to get an expert medical opinion. He asserts that establishing the truth is not the sole objective of the investigation into torture, as claimed by the State party. The pretrial investigation should lead to the identification of those responsible for the physical abuse so that they can be tried and sentenced, and also to redress for the victim. 5.3 As for the partial pardon granted on the occasion of a religious feast day, the complainant claims that this measure was not taken in response to his allegations of torture. Many other criminals also benefit from this pardon every year; it therefore contributes 6 GE.16-13706

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