CAT/C/41/D/291/2006
page 6
family problems, and the complainant made several visits to a psychologist at the
Centre Françoise Minkowska in Paris, as well as to a psychiatrist, who prescribed her
anti-depressants available only on prescription.4
The complaint
3.1 As far as the exhaustion of domestic remedies is concerned, the complainant claims to
have contacted a lawyer in Tunis on the day after the events. The lawyer found out that she had
been given a three-month suspended prison sentence for attacking an official. On 30 July 2004,
the lawyer filed a complaint on behalf of the complainant, describing her detention and the abuse
she had suffered at the hands of the security officers, classifying the abuse as torture.5 He
attached copies of the medical certificates to the complaint and asked the prosecutor to open a
criminal investigation. The complaint implicated the president of the national security centre at
the Palais de la Justice, the court of first instance and all those who would be accused during the
investigation. The complaint was rejected by the office of the State prosecutor at the court of first
instance, with no reasons given. It has not been possible to obtain any document or official court
stamp attesting to the rejection.
3.2 The complainant claims she tried unsuccessfully to pursue the domestic remedies available
under Tunisian law. She maintains that there are no effective remedies available in Tunisia for
torture victims; the rejection of the complainant’s complaint is not an isolated case, as has been
documented by several non-governmental organizations: “Many citizens encounter enormous
difficulties in trying to file a complaint against police officers who have used violence against
them. A complaint filed at a police station or office of the State prosecutor is rejected and
sometimes the accused officer is in charge of the investigation.”6 Such practices are contrary to
internationally recognized standards on the administration of justice and, in particular, on the
work of prosecutors.7 They are also contrary to articles 25 and 26 of the State party’s Code of
4
Attached to file.
5
Complaint attached to file, with a translation into French. It also lists the objects not returned
to the complainant after she was abused.
6
See the attached 2001 report by the National Council of Liberties in Tunisia and the Tunisian
League of Human Rights. See also the other reports mentioned by the complainant, including
those by Amnesty International, the World Organization against Torture, the International
Federation of Human Rights Leagues, the International Commission of Jurists, Human Rights
First and Human Rights Watch. See also the press release issued on 16 November 2005 by
several United Nations experts concerned with the situation in Tunisia, on freedom of expression
and assembly and the independence of the judiciary.
7
Counsel refers to the summary record of the first part (public) of the 358th meeting of
the Committee against Torture, held on 18 November 1998 (CAT/C/SR.358, para. 23),
and the Guidelines on the Role of Prosecutors adopted at the Eighth United Nations
Congress on the Prevention of Crime and the Treatment of Offenders (Havana,
Cuba, 27 August-7 September 1990).