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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
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