CAT/C/TUN/CO/3
committing acts of violence, while offences punishable by heavier penalties were excluded
(arts. 2, 12, 13 and 14).
36.
Bearing in mind the long-established jus cogens prohibition of torture, the
Committee calls upon the State party to take all necessary measures to ensure that
acts of torture committed before 1999 are prosecuted as offences punishable by
penalties commensurate with the gravity of the crime. The State party should also
amend article 5 of the Code of Criminal Procedure, in accordance with article 24 of
Organic Act No. 2013-43.
Transitional justice
37.
While welcoming the measures taken to establish transitional justice mechanisms
(see para. 5 (c) above), the Committee should like to draw attention to the scope of the
mandate of the Truth and Dignity Commission, which has also been assigned functions
relating to reparations and corruption. The Committee also notes with concern that the law
gives the Commission just 5 years to determine the truth about violations committed over
nearly 60 years, and that it has already received 28,087 complaints, including some 20,000
relating to torture and ill-treatment. The Committee is also concerned about the fact that no
budget has been granted to it to allow it to carry out its terms of reference (art. 14).
38.
The State party should:
(a)
Continue to provide the Truth and Dignity Commission with sufficient
resources to allow it to carry out its mission effectively and to ensure that complaints
of torture and ill-treatment are forwarded to an independent investigation authority
once its mandate lapses;
(b)
Ensure that all the perpetrators of acts of torture committed during the
period covered by the transitional justice law are brought to justice and ensure the
highest level of protection for the victims, witnesses and their families;
(c)
Adopt a reparation policy with clear, non-discriminatory criteria, as
recommended by the Special Rapporteur on the promotion of truth, justice,
reparation and guarantees of non-recurrence (A/HRC/24/42/Add.1, para. 86);
(d)
Ensure the right of victims to seek judicial remedies irrespective of the
remedies available in the framework of the Truth and Dignity Commission, in
accordance with the Committee’s general comment No. 3 (2012) on the
implementation of article 14 by States parties (para. 30).
Violence against women
39.
While welcoming the efforts made to combat violence against women (para. 6 (g),
above) and the new bill which, according to information provided by the delegation, will
repeal the criminal provisions that make it possible to stay prosecution in the event of the
perpetrator’s marriage with the victim and if the victim withdraws the complaint, the
Committee regrets the lack of clear statistical data in cases of gender-based violence,
disaggregated by type of offence, on the proportion of complaints that give rise to
prosecution and convictions and on measures providing compensation (arts. 2, 12, 13, 14
and 16).
40.
The State party should:
(a)
Expedite the adoption of the law to combat violence against women and
ensure that it makes all forms of violence against women a criminal offence, including
domestic violence and marital rape, and amend the provisions of the Criminal Code in
GE.16-09569
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