CAT/C/21/D/91/1997
page 8
5.3
Counsel also contends that the court tried the author’s case in great
haste in order not to allow a laissez-passer issued by the Tunisian Embassy
for a few days to expire. As a result the author and his counsel had no
possibility to provide the court with useful information in support of the
author’s claim.
5.4
Counsel stresses that the author was tortured and kept for 15 days
(not 9 as indicated in the State party’s submission) in a chicken coop
(a wooden cage especially designed to lock people up) at police headquarters
at Kaf. The State party barely mentions the fact that his toes were broken
and he has scars on his back as a result of torture. The author could have
provided many details about the places in which he was held and those details
could have been verified by the Dutch authorities, for example the fact that
soldiers sent to Ghafsa are mainly those considered to be opponents of the
Government and that they are treated completely differently from soldiers in
any other barracks. The report on the follow-up interview shows, however,
that the authorities never asked for such details and that those provided by
the author were ignored, as were the report of Amnesty International and the
letter from UNHCR referred to above. Counsel further argues that in the
period 1990-1992 the author’s sister was arrested, convicted and held in
prison for six months because she was openly sympathising with Al-Nahda.
5.5
With respect to the medical issues, counsel argues against the State
party’s assertion that the author did not submit a single medical document.
The authorities had received a letter (copy of which is provided to the
Committee) dated 20 October 1997 from a social worker who has been in close
contact with the author since 1995 and reports serious mental and physical
difficulties as a result of torture and the fear of being sent back to
Tunisia. The letter indicates that the author suffered from sleeping
disorders. Periods of sleeplessness alternated with periods of troubled sleep
during which he had recurrent nightmares in which he was arrested and relived
his experiences of being maltreated. He also went through periods of
depression and lived in constant fear of having to return to Tunisia and being
arrested and tortured again. His physical condition during the day was
characterized by continuous tension which led to headaches, stomach aches and
back complaints. He also had respiratory difficulties caused by a medical
disorder of the lungs. According to the social worker the author had told him
that he had been tortured following his contacts with a politically active
member of the Al-Nahda party. This fact together with his desertion from the
army were considered offences by the Tunisian authorities. The author also
described to the social worker the kind of treatment to which he had been
subjected and showed him the scars on his back. In his view, the fact that
the author first gave two other identities was the result of lack of trust in
the authorities and his fear of not being taken seriously. The social worker
also stated that in view of his health problems he had referred the author to
a Riagg physician from whom he had not received much assistance. In the
counsel’s view that letter shows that the State party is wrong when it
suggests that the claim of serious psychological problems was used mainly in
order to prolong the asylum procedure.
5.6
Counsel also finds it surprising that the medical investigation carried
out by the Bureau Vreemdelingen Advisering dated 23 October 1997 was merely
limited to establishing that there are facilities for psychiatric help in