CAT/C/31/D/187/2001
Page 5
2.16 On completion of his sentence on 27 May 1997, as indicated in the prison discharge
papers he submits, the complainant was placed under administrative supervision for a period of
five years, which effectively meant that he was placed under house arrest in Remada, 600
kilometres from Tunis, where his wife and children were living. Four months later, on 1 October
1997, he fled Tunisia for Libya then made his way to Switzerland, where he obtained political
refugee status on 15 January 1999. In support of his statements, the complainant submits a copy
of the report issued on 10 March 1996 by the Tunisian Committee for Human Rights and
Freedoms, describing his condition after his release, and a certificate from the Swiss Federal
Office for Refugees, on the granting of his political refugee status. The complainant adds that,
after he had fled from the country, he was sentenced in absentia to 12 years’ non-suspended
imprisonment.
2.17 Finally, the complainant states that members of his family, in particular his wife and their
five children, have been the victims of harassment (night-time raids, systematic searches of their
home, intimidation, threats of rape, confiscation of property and money, detention and
interrogation, constant surveillance), and of ill-treatment (the complainant’s son Ezzedinne has
been detained and severely beaten) by the police throughout the period of his detention and after
he fled the country, continuing until 1998.
2.18 As to whether all domestic remedies have been exhausted, the complainant states that he
complained of acts of torture committed against him to the Bouchoucha military court, in the
presence of the national press and international human rights observers. He maintains that the
president of the court tried to ignore him but, when he insisted, replied that nothing had been
established. In addition, the judge refused outright the complainant’s request for a medical
check.
2.19 The complainant adds that, after the hearing and his return to prison, he was threatened
with torture if he repeated his claims of torture to the court.
2.20 The complainant maintains in addition that, from 27 May 1997, the date of his release,
his house arrest prevented him from lodging a complaint. He explains that the Remada police
and gendarmerie took part a continuing process of harassment and intimidation against him
during the daily visits he made for the purposes of administrative supervision. According to the
complainant, the mere fact of submitting a complaint would have caused increased pressure to be
applied against him, even to the point of his being returned to prison. Being under house arrest,
he was also unable to apply to the authorities at his legal place of residence, in Tunis.
2.21 The complainant maintains that, while Tunisian law might make provision for the
possibility of complaints against acts of torture, in practice, any victim submitting a complaint
will become the target of intolerable police harassment, which acts as a disincentive to the use of
this remedy. According to the complainant, any remedies are therefore ineffective and nonexistent.
Substance of the complaint