arguments and submitted that the withdrawal of the
complaint corroborated its arguments that the
complaint was an abuse of process, that the
complainants failed to exhaust domestic remedies,
and that the motives of the NGO representing the
complainants were not bona fide.
Complainant’s response
One of the complainants (189/2001) sent a letter,
dated 31 May 2005, to the Secretariat requesting
that his case be “withdrawn”, and enclosing a letter
in which he renounced his refugee status in
Switzerland.
On 8 August 2006, the letter from the author of
31 May 2005 was sent to the complainants of case
Nos. 187/2001 and 188/2001 for comments. On
12 December 2006, both complainants responded
expressing their surprise that the complainant had
“withdrawn” his complaint without providing any
reasons for doing so. They did not exclude
pressure from the Tunisian authorities as a reason
for doing so. They insisted that their own
complaints were legitimate and encouraged the
Committee to pursue their cases under the
follow-up procedure.
On 12 December 2006, and having received a copy
of the complainant’s letter of “withdrawal” from
the other complainants, the complainant’s
representative responded to the complainant’s
letter of 31 May 2005. The complainant’s
representative expressed its astonishment at the
alleged withdrawal which it puts down to pressure
on the complainant and his family and threats from
the State party’s authorities. This is clear from the
manner in which the complaint is withdrawn. This
withdrawal does not detract from the facts of the
case nor does it free those who tortured the
complainant from liability. It regrets the
withdrawal and encourages the Committee to
continue to consider this case under follow-up.
Consultations with State party
On 25 November 2005, the Special Rapporteur on
follow-up met with the Tunisian Ambassador in
connection with case Nos. 187/2001, 188/2001 and
189/2001. The Special Rapporteur explained the
follow-up procedure. The Ambassador referred to
a letter dated 31 May 2005 which was sent to
OHCHR from one of the complainants,
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