CAT/C/31/D/187/2001
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which was imposed and ordered by the magistrate. The complainant was then placed in solitary
confinement in the 9 April prison in Tunis for two months. Following this punishment, the
examining magistrate’s file was missing from the first hearing attended by the complainant, a
matter which the complainant explained to the president of the court by describing what had
happened before the military examining magistrate.
9.7
Concerning the allegations relating to his confession, the complainant maintains that his
confession was extracted under torture, and, citing the reports of CNLT, states that such methods
are used in political trials and sometimes in trials involving offences under ordinary law.
Concerning the testimony of the prosecution witness Mohamed Ben Ali Ben Romdhane, his
fellow prisoner, the complainant states that he does not know this person, and that he was not
among the 297 persons who were tried in Bouchoucha court, and calls on the State party to
produce the transcript of the testimony provided by this person, together with the court file, to
make it possible to check whether the court took its decision on the basis of a confession
obtained as a result of torture. According to the complainant, the reference to this witness is pure
invention on the part of the torturers. Secondly, the complainant points out that, even if a
prosecution witness had appeared, the accused should have had an opportunity to challenge his
testimony or to confront him, which did not happen.
9.8
Concerning the conditions in which he was held, and concerning visits, the complainant
considers that the State party has once again confined itself to brief and general observations in
response to his plentiful, specific and substantiated evidence. He explains that he was
transferred for purposes of punishment, and not for any matter related to cases pending before
the courts, and in that connection provides the following chronology:
6 April 1991
Arrested and held in the basement of the Interior Ministry; 13 May 1991,
transferred to Mornag prison incommunicado.
4 June 1991
Handed over to the political police to sign the transcript of the
interrogation, without being informed of its content; handed over to the
military examining magistrate, then at 11 p.m. transferred to the 9 April
prison in Tunis, where he was held until the end of November 1991
(including two months in solitary confinement).
1 December 1991
Transferred to Borj Erroumi prison in Bizerte (70 kilometres from his
family home).
4 July 1992
Transferred to the 9 April prison in Tunis, where he was held until 15
September 1992; this period corresponded to that of the court hearings.
28 August 1992
Sentenced to six years’ non-suspended imprisonment and five years’
administrative supervision.
15 September 1992
Transferred to Borj Erroumi prison in Bizerte, where he was held until 4
July 1993.