CAT/C/TUN/CO/3
order to eliminate any possibility of impunity for the perpetrators of violence against
women;
(b)
Ensure that cases of violence against women are effectively and
impartially prosecuted, that the perpetrators are prosecuted and receive punishment
commensurate with the seriousness of their acts and that the victims receive
reparation;
(c)
Train members of the judiciary and law enforcement officials, make
them aware of all types of violence against women and strengthen public awareness
campaigns.
Forensic examinations as proof of sexual acts
41.
The Committee notes with concern that consensual relations between persons of the
same sex are criminalized in the State party and that persons suspected of being
homosexual are forced by a judge’s order to submit to an anal examination conducted by a
forensic physician to prove their homosexuality. Notwithstanding the right to refuse to
submit to such examinations, the Committee is concerned about information that several
persons have accepted them, under threat from the police, who contend among other things
that a refusal would be interpreted as incriminating. The Committee also notes with concern
reports of vaginal examinations, sometimes performed without consent, conducted to prove
sexual acts such as extramarital relations and acts of prostitution (arts. 2 and 6).
42.
The State party should repeal article 230 of the Criminal Code, which makes
consensual relations between adults of the same sex a crime. It should also prohibit
intrusive medical examinations that have no medical justification and cannot be
performed with the free and informed consent of the persons subjected to them, who
consequently will then be prosecuted.
Attacks against human rights defenders, bloggers, journalists and artists
43.
The Committee is concerned about reports of attacks by police officers against
human rights defenders, including Héla Boujeneh and Ahmed Kaâniche, bloggers such as
Lina Ben Mhenni, and harassment against journalists and artists. It regrets the lack of
statistics on the number of complaints and convictions for attacks against these groups and
the lack of information on measures taken to prevent such acts (arts. 2, 12, 13 and 16).
44.
The Committee invites the State party to publicly condemn threats and attacks
against human rights defenders, journalists, artists and bloggers and not to support,
by action or omission, such attacks, by ensuring:
(a)
Effective protection of these groups against the threats and attacks to
which they may be subjected by virtue of their activities;
(b)
That prompt, thorough and effective investigations are carried out of all
threats and attacks targeting these groups and by guaranteeing that those responsible
for them are brought to justice and punished in a manner commensurate with the
gravity of their acts.
Follow-up procedure
45.
The Committee requests the State party by 13 May 2017 to provide it with
information on the follow-up given to its recommendations in paragraph 16 on allegations
of torture and ill-treatment, in paragraph 28 on conditions of detention and in paragraph 38
on transitional justice, in particular subparagraph (a), on the mandate of the Truth and
Dignity Commission. In this context, the State party is invited to inform the Committee of
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