CAT/C/31/D/189/2001
Page 11
any kind of reprisal, harassment, harsh treatment or prosecution, even if the outcome of the
investigation does not prove their allegations, and to seek and obtain redress if those allegations
are proven correct; second, ensure that medical examinations are automatically provided
following allegations of abuse and that autopsies are performed following any deaths in custody;
and third, ensure that the findings of all investigations concerning cases of torture are made
public and that such information includes details of any offences committed, the names of the
offenders, the dates, places and circumstances of the incidents and the punishment received by
those found guilty. The Committee also noted that many of the regulations existing in Tunisia
for the protection of arrested persons were not adhered to in practice. It also expressed its
concern over the wide gap that existed between law and practice with regard to the protection of
human rights, and was particularly disturbed by the reported widespread practice of torture and
other cruel and degrading treatment perpetrated by security forces and the police, which, in
certain cases, resulted in death in custody. The complainant also notes the lack of independence
of the judicial system and the bodies set up to monitor application of the law. Lastly, he
emphasizes that the State party’s reply, in the current case, shows that no domestic investigation
has been held into the rather detailed information contained in the complaint under
consideration.
5.8
The complainant challenges the State party’s argument that the domestic remedies are
effective.
5.9
With regard to the 302 cases involving police or national guard officers against whom,
according to the State party, sentences have been handed down, the complainant points out that
there is no tangible proof that these cases, which have not been published or made public in any
way, actually took place; that the 277 cases cited by the State party as examples of abuse of
authority are not relevant to the case in question; and that the State party refers only to cases
which do not tarnish the image of Tunisia and therefore include no case of inhuman or degrading
treatment. He explains that the cases adduced by the State party took place during the period
1988-1995 and were covered by the concluding observations of the Committee against Torture
mentioned above. Lastly, citing extracts from reports by the Tunisian Committee for Human
Rights and Freedoms and Amnesty International in particular, he draws attention to the
immunity enjoyed by officials involved in acts of torture, some of whom have even been
promoted. The complainant adds that Tunisia has helped Tunisian officials evade arrest warrants
issued against them abroad on the basis of complaints by victims of torture
5.10 Finally, the complainant rejects the comments by the State party characterizing his
complaint as an abuse of rights. He says that, with its references in this context to political
commitment and terrorism, the State party is demonstrating its bias and, by extension, the
impossibility of obtaining any remedy in Tunisia. The complainant also stresses that the
prohibition of torture and inhuman or degrading treatment is a provision which admits of no
exception, including for terrorists. He believes that, in its response to this complaint, the State
party is resorting to a political manoeuvre which has no legal relevance and which constitutes an
abuse of rights.
Additional information from the State party on admissibility
6.1
On 8 November 2002 the State party again challenged the admissibility of the complaint.
It maintains that the complainant’s claims about recourse to the Tunisian justice system and the