CAT/C/31/D/187/2001
Page 11
7.1
At its twenty-ninth session, the Committee considered the admissibility of the complaint,
and in a decision of 20 November 2002 declared it admissible.
7.2
With regard to the issue of the exhaustion of domestic remedies, the Committee noted
that the State party challenged the admissibility of the complaint on the grounds that the
available and effective domestic remedies had not been exhausted. In the present case, the
Committee noted that the State party had provided a detailed description both of the remedies
available, under law, to any complainant and of cases where such remedies had been applied
against those responsible for abuses and for violations of the law. The Committee considered,
nevertheless, that the State party had not sufficiently demonstrated the relevance of its arguments
to the specific circumstances of the case of this complainant, who claims to have suffered
violations of his rights. It made clear that it did not doubt the information provided by the State
party about members of the security forces being prosecuted and convicted for a variety of
abuses. But the Committee pointed out that it could not lose sight of the fact that the case at
issue dates from 1991 and that, given a statute of limitations of 10 years, the question arose of
whether, failing interruption or suspension of the statute of limitations - a matter on which the
State party had provided no information - action before the Tunisian courts would be disallowed.
The Committee noted, moreover, that the complainant’s allegations related to facts that had
already been reported publicly to the judicial authorities in the presence of international
observers. The Committee pointed out that to date it remained unaware of any investigations
voluntarily undertaken by the State party. The Committee therefore considered it very unlikely
in the present case that the complainant would obtain satisfaction by exhausting domestic
remedies, and decided to proceed in accordance with article 22, paragraph 5 (b), of the
Convention.
7.3
The Committee noted, in addition, the argument by the State party to the effect that the
complainant’s claim was tantamount to abuse of the right to lodge a complaint. The Committee
considered that any report of torture was a serious matter and that only through consideration of
the merits could it be determined whether or not the allegations were defamatory. Furthermore,
the Committee believed that the complainant’s political and partisan commitment adduced by the
State party did not impede consideration of this complaint, in accordance with the provisions of
article 22, paragraph 2, of the Convention.
State party’s observations on the merits
8.1
In its observations of 3 April 2003 and 25 September 2003, the State party challenges the
complainant’s allegations and reiterates its position regarding admissibility.
8.2
In relation to the allegations concerning the State party’s “complicity” and inertia vis-àvis “practices of torture”, the State party indicates that it has set up preventive3 and dissuasive4
3
This includes instruction in human rights values in training schools for the security forces, the Higher Institute of
the Judiciary and the National School for training and retraining of staff and supervisors in prisons and correctional
institutions; a human-rights-related code of conduct aimed at senior law enforcement officials; and the transfer of
responsibility for prisons and correctional institutions from the Ministry of the Interior to the Ministry of Justice and
Human Rights.