CAT/C/31/D/187/2001
Page 19
9.10 Concerning the allegations relating to the provision of care, the complainant repeats that
he was denied the right to consult a doctor to diagnose the consequences of the torture he had
suffered, and draws the Committee’s attention to the medical certificate contained in his file.
Concerning the treatment cited by the State party, the complainant points out that the medical
check was carried out three weeks after his hunger strike, that glasses were prescribed for him
when he was in danger of going blind, and that they were supplied only after a delay of about
two months.
9.11 In relation to administrative supervision, the complainant considers that any punishment,
including those provided for in the Tunisian Criminal Code, may be characterized as inhuman
and degrading if the goal pursued is neither the “rehabilitation of the offender” nor his
reconciliation with his social environment. He explains that he was forced to undergo
administrative supervision 650 kilometres from his family home, in other words placed under
house arrest, which was not stipulated in his sentence. He adds that each time he reported to the
police station to sign the supervision log, he was ill-treated, sometimes beaten and humiliated by
the police officers. According to the complainant, who produces a CNLT report,13
administrative supervision serves only to bolster the police’s stranglehold over the freedom of
movement of former prisoners.
9.12 Concerning the situation of his family, the complainant records the suffering caused by
the police surveillance and various forms of intimidation. He mentions that his eldest son was
repeatedly slapped in front of his brothers and mother at the door of their home when he returned
from school, and questioned at the regional police station about what his family was living on.
In addition, the members of the family received their passports only after the complainant arrived
in Switzerland on 25 May 1998 and was granted asylum. And the first members of the family
received their passports only seven months later, on 9 December 1998.
9.13 In relation to the ENNAHDA movement, the complainant maintains that the organization
is well known for its democratic ideals and its opposition to dictatorship and impunity, contrary
to the State party’s explanations. In addition, he challenges the accusations of terrorism levelled
by the State party.
9.14 Lastly, according to the complainant, the State party is endeavouring to place the entire
burden of proof on the victim, accusing him of inertia and failure to act, seeking protection
behind a panoply of legal measures which theoretically enable victims to lodge complaints and
evading its duty to ensure that those responsible for crimes, including that of torture, are
automatically prosecuted. According to the complainant, the State party is thus knowingly
ignoring the fact that international law and practice in relation to torture place greater emphasis
on the role of States and their duties in order to enable proceedings to be completed. The
complainant notes that the State party places the burden of proof on the victim alone, even
though the supporting evidence, such as legal files, registers of police custody and visits, and so
on, is in the sole hands of the State party and unavailable to the complainant. Referring to
13
Available for information in the file.
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