CAT/C/TUN/CO/3
Military courts
25.
The Committee notes with concern that under Act No. 82-70 of 1982, the Statute of
the Internal Security Forces Act, military courts are competent to hear cases involving acts
carried out by members of those forces against civilians during the performance of their
duties (art. 12).
26.
The State should amend Act No. 82-70 of 1982 and the Code of Military Justice
to preclude the possibility that military courts could have jurisdiction over cases
involving human rights violations or offences allegedly committed against civilians by
military personnel or members of the internal security forces.
Conditions of detention
27.
Despite the efforts made by the State party to improve conditions of detention (see
paras. 5 (e) and 6 (b) above), the Committee remains concerned about prison overcrowding,
which according to the information it has received is at 150 per cent at some facilities.
According to various reports, this situation is in part due to the insufficient availability and
dilapidated state of prisons and the high proportion of persons in pretrial detention (55 per
cent, as against 45 per cent who are convicted prisoners), as well as the high incarceration
rate, even for minor offences such as drug use. The Committee also remains concerned
about reports of deplorable sanitary conditions and poor nutrition and the failure to
effectively separate convicts from suspects and adults from minors at all facilities. The
Committee notes with concern the low numbers of prison staff and medical personnel
available at prisons. It is also concerned about reports that, in practice, periods of solitary
confinement exceed the limit of 10 days set by the law (arts. 11 and 16).
28.
The State party should increase its efforts to improve conditions of detention,
including by:
(a)
Significantly reducing overcrowding in prisons by making more use of
alternatives to incarceration such as suspended sentences for first offenders or for
certain minor offences and of alternatives to pretrial detention;
(b)
Ensuring absolute compliance with the maximum length of pretrial
detention and ensuring that persons in detention are brought to trial without excessive
delay;
(c)
Continuing its efforts to improve and expand prison facilities in order to
remodel those facilities that do not meet international standards, and allocating the
resources required to improve conditions of detention and strengthen reintegration
and rehabilitation activities;
(d)
Putting in place the measures required to ensure the strict separation of
accused persons from convicts and adults from minors, and appropriate treatment for
them;
(e)
Increasing the number of qualified staff working with prisoners;
(f)
Ensuring the availability of medical services in all prison facilities;
(g)
Ensuring that solitary confinement is used only as a last resort, for as
short a time as possible, under strict supervision and with the possibility of judicial
review, in accordance with international standards.
Deaths in custody
29.
The Committee is concerned about several cases in which people have died in
detention in suspicious circumstances and which have still not been elucidated by the
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