CAT/C/31/D/187/2001
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European case law,14 the complainant points out that the European Court and Commission call
on States parties, in the case of allegations of torture or ill-treatment, to conduct an effective
investigation into the allegations of ill-treatment and not to content themselves with citing the
theoretical arsenal of options available to the victim to lodge a complaint.
Consideration of the merits
10.1 The Committee examined the complaint, taking due account of all the information
provided to it by the parties, in accordance with article 22, paragraph 4, of the Convention.
10.2 The Committee took note of the State party’s observations of 3 April 2003 challenging
the admissibility of the complaint. It notes that the points raised by the State party are not such
as to prompt reconsideration of the Committee’s decision on admissibility, notably owing to the
lack of new or additional information from the State party on the matter of the investigations
voluntarily carried out by the State party (see paragraph 7.2). The Committee therefore does not
consider that it should review its decision on admissibility.
10.3 The Committee therefore proceeds to examine the merits of the complaint, and notes that
the complainant alleges violations by the State party of article 1, article 2, paragraph 1, article 4,
article 5, article 12, article 13, article 14, article 15 and article 16 of the Convention.
10.4 Article 12 of the Convention, the Committee notes that article 12 of the Convention
places an obligation on the authorities to proceed automatically to a prompt and impartial
investigation whenever there is reasonable ground to believe that an act of torture or ill-treatment
has been committed, no special importance being attached to the grounds for the suspicion.15
10.5 The Committee notes that the complainant complained of acts of torture committed
against him to the Bouchoucha military court at his trial from 9 July 1992 onwards, in the
presence of the national press and international human rights observers. It also notes that the
State party acknowledges that the complainant reiterated his allegations of ill-treatment several
times before the court, in order, according to the State party, to focus the attention of the
observers attending the hearing. The Committee also takes note of the detailed and substantiated
information provided by the complainant regarding his hunger strikes in the 9 April prison over
12 days in July 1992 in Tunis, and in Mahdia over 8 days in October 1995 and 10 days in
March 1996, as a protest against the conditions in which he was being held and the ill-treatment
to which he was subjected. The Committee notes that the State party did not comment on this
information, and considers that these elements, taken together, should have been enough to
trigger an investigation, which was not held, in breach of the obligation to proceed to a prompt
and impartial investigation under article 12 of the Convention.
14
Guide to Jurisprudence on Torture and Ill-Treatment - Article 3 of the European Convention for the Protection of
Human Rights, Debra Long (APT); Ribitsch v. Austria; Assenov v. Bulgaria.
15
Communication No. 59/1996 (Encarnación Blanco Abad v. Spain).
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