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
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