CAT/C/31/D/187/2001
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machinery to combat torture so as to prevent any act which might violate the dignity and
physical integrity of any individual.
8.3
Concerning the allegations relating to the “practice of torture” and the “impunity of the
perpetrators of torture”, the State party considers that the complainant has not presented any
evidence to support his claims. It emphasizes that, contrary to the complainant’s allegations,
Tunisia has taken all necessary legal and practical steps, in judicial and administrative bodies, to
prevent the practice of torture and prosecute any offenders, in accordance with articles 4, 5 and
13 of the Convention. Equally, according to the State party, the complainant has offered no
grounds for his inertia and failure to act to take advantage of the effective legal opportunities
available to him to bring his case before the judicial and administrative authorities (see
paragraph 6.1). Concerning the Committee’s decision on admissibility, the State party
emphasizes that the complainant cites not only “incidents” dating back to 1991, but also
“incidents” dating from 1995 and 1996, that is, a time when the Convention against Torture was
fully incorporated into Tunisian domestic law and when he reports “ill-treatment” that he claims
to have suffered while being held in “Mahdia prison”. Hence the statute of limitations has not
expired, and the complainant should urgently act to interrupt the limitation period, either by
contacting the judicial authorities directly, or by performing an act which has the effect of
interrupting the limitation. The State party also mentions the scope for the complainant to lodge
an appeal for compensation for any serious injury caused by a public official in the performance
of his duties,5 noting that the limitation period stands at 15 years.6 The State party points out that
the Tunisian courts have always acted systematically to remedy deficiencies in the law on acts of
torture (see paragraph 4.10).
8.4
As for the allegations of failure to respect guarantees relating to judicial procedure, the
State party regards them as unfounded. According to the State party, the authorities did not
prevent the complainant from lodging a complaint before the courts - on the contrary, he opted
not to make use of domestic remedies. As for the “obligation” of judges to ignore statements
made as a result of torture, the State party cites article 15 of the Convention against Torture, and
considers that it is incumbent on the accused to provide the judge with at least basic evidence
that his statement has been made in an unlawful manner. In this way he would confirm the truth
of his allegations by presenting a medical report or a certificate proving that he had lodged a
complaint with the public prosecutor’s office, or even by displaying obvious traces of torture or
ill-treatment to the court. However, the State party points out that although, in the case relating
4
A legislative reference system has been set up: contrary to the complainant’s allegation that the Tunisian
authorities have not criminalized acts of torture, the State party indicates that it has ratified the Convention against
Torture without reservations, and that the Convention forms an integral part of Tunisian domestic law and may be
invoked before the courts. The provisions of criminal law relating to torture are severe and precise (Criminal Code,
art. 101 bis).
5
Under the Administrative Court Act of 1 June 1972, the State may be held responsible even when it is performing
a sovereign act if its representatives, agents or officials have caused material or moral injury to a third person. The
injured party may demand from the State compensation for the injury suffered, under article 84 of the Code of
Obligations and Contracts, without prejudice to the direct liability of its officials vis-à-vis the injured parties.
6
Administrative Court - judgement No. 1013 of 10 May 1003 and judgement No. 21816 of 24 January 1997.