"While it is true that the description of the lesions referred to in the autopsy report is imprecise and their origin is not explained, it is nevertheless the case that the conclusions reached by Professor Pounder are not based on objective forensic evidence. This is because the forced introduction of a foreign body into the anus leaves obvious marks in this area ... The autopsy report makes no mention of any traumatic lesions to the anus. ... Nevertheless, I am also of the opinion that an exchange of views and a discussion with Professor D.J. Pounder and Professor S. Sassi regarding this case would be very useful." 8.12 The State party has also provided a French translation of an excerpt from a sworn deposition made by Dr. Sassi before the examining magistrate. The relevant passage reads: "It has been ascertained that there was a rupture of the large intestine in the area of the pelvis and the infiltration of waste products from the large intestine into the body caused a blood infection which in turn led to insufficiency of the respiratory apparatus, the direct cause of death. Dr. Sassi explained to us that the rupture of the large intestine was due to an acute traumatism which could have resulted from the collision between the victim and a solid body. This could have been the result of a road traffic accident involving a motor vehicle." 8.13 Regarding the question of civil proceedings, the State party emphasizes that Faisal Baraket's father did indeed bring a civil action for damages in connection with his son's death in a road traffic accident; from March 1995 he was represented in this action by Mr. Ahmed El Marhoul. The judgement in this case became final and enforceable following an appeal by the parties. Counsel proceeded to enforce the judgement. The author has provided no convincing explanation as to why one of the beneficiaries has received the sum due to him, thereby unambiguously indicating that Mr. Marhoul has performed his proper function. 8.14 The State party takes issue with the Committee's contention in its decision on admissibility that insufficient details were provided regarding the criminal proceedings that may be taken. The State party stresses that it has submitted detailed records of the proceedings and investigations conducted on two occasions by the competent examining magistrate. It is astonished to find that, in the Committee's view, the remedy for alleged torture cannot be considered "effective" unless it results in a trial and subsequent conviction. If this were the case, investigative procedures 6 an indispensable component of criminal proceedings 6 would simply be a means to realize this end, whereas it is well established both in fact and in law that the examining magistrate must conduct his investigations with a view to indictment or acquittal. Comments by the author 9.1 The author recalls that in 1992 the Higher Committee for Human Rights and Fundamental Freedoms transmitted a report to the President of the Republic in which it expressed the view that the death of Faisal Baraket had occurred in suspicious circumstances and that, in spite of the case being closed, new evidence had seemingly come to light which would warrant the opening of a new inquiry. The State party has not indicated what evidence led the official government commission to form this view. 9.2 The author has transmitted to the Committee a copy of a letter dated 20 July 1994 which was sent to the President of the Movement against Racism and for Friendship among Peoples, a foreign non-governmental organization which has taken an interest in the case, via the Tunisian ambassador to France. The ambassador did not mention the road traffic accident hypothesis and placed the case in the context of promoting human rights and strengthening democratic structures in Tunisia. The author notes that the State party has not provided an explanation for this letter. 70