CAT/C/31/D/189/2001
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use of domestic remedies are baseless and unsupported by any evidence. It affirms that appeal
procedures do not take an unreasonable time, and that proceedings in respect of the allegations
made in the complaint are not time-barred, since the time-limit for bringing proceedings in such
cases is 10 years. Contrary to what the complainant alleges, the State party says that he can
instruct a lawyer of his choice to lodge a complaint from abroad. It adds that the complainant’s
claims that a complaint lodged from abroad with the Tunisian authorities might be covered by
article 305, paragraph 3, of the Code of Criminal Procedure, which permits the prosecution of
those guilty of terrorist acts, are baseless. The State party maintains that domestic remedies
before the Tunisian judicial authorities are not only possible in the current case but indeed
effective, as shown by the fact that victims of violations in Tunisia have obtained satisfaction.
Fourth, the State party argues that the complainant is abusing the right to lodge complaints by
seeking to misrepresent and distort the points made in the State party’s response of 4 December
2001.
Committee’s decision on admissibility
7.1
At its twenty-ninth session, the Committee considered the admissibility of the complaint,
and in a decision of 20 November 2002 declared it admissible.
7.2
With regard to the issue of the exhaustion of domestic remedies, the Committee noted
that the State party challenged the admissibility of the complaint on the grounds that the
available and effective domestic remedies had not been exhausted. In the present case, the
Committee noted that the State party had provided a detailed description both of the remedies
available, under law, to any complainant and of cases where such remedies had been applied
against those responsible for abuses and for violations of the law. The Committee considered,
nevertheless, that the State party had not sufficiently demonstrated the relevance of its arguments
to the specific circumstances of the case of this complainant, who claims to have suffered
violations of his rights. It made clear that it did not doubt the information provided by the State
party about members of the security forces being prosecuted and convicted for a variety of
abuses. But the Committee pointed out that it could not lose sight of the fact that the case at
issue dates from 1987 and that, given a statute of limitations of 10 years, the question arose of
whether, failing interruption or suspension of the statute of limitations - a matter on which the
State party had provided no information - action before the Tunisian courts would be disallowed.
The Committee noted, moreover, that the complainant’s allegations related to facts that had
already been reported to the authorities. The Committee pointed out that to date it remained
unaware of any investigations voluntarily undertaken by the State party. The Committee
therefore considered it very unlikely in the present case that the complainant would obtain
satisfaction by exhausting domestic remedies, and decided to proceed in accordance with article
22, paragraph 5 (b), of the Convention.
7.3
The Committee noted, in addition, the argument by the State party to the effect that the
complainant’s claim was tantamount to abuse of the right to lodge a complaint. The Committee
considered that any report of torture was a serious matter and that only through consideration of
the merits could it be determined whether or not the allegations were defamatory. Furthermore,
the Committee believed that the complainant’s political and partisan commitment adduced by the
State party did not impede consideration of this complaint, in accordance with the provisions of
article 22, paragraph 2, of the Convention.