CAT/C/31/D/187/2001
Page 14
the State party, as the status of the complainant had changed from that of remand prisoner to that
of a prisoner serving a custodial sentence, and bearing in mind the requirements as to
investigations in his case or in other similar cases, he was transferred from one prison to another,
in accordance with the applicable regulations. Moreover, the conditions in which the
complainant was held, wherever he was held, were in keeping with the prison regulations
governing conditions for holding prisoners in order to ensure prisoners’ physical and moral
safety. The State party also considers baseless the complainant’s allegations improperly
equating the conditions in which he was held with degrading treatment. It points out that
prisoners’ rights are scrupulously protected in Tunisia, without any discrimination, whatever the
status of the prisoner, in a context of respect for human dignity, in accordance with international
standards and Tunisian legislation. Medical, psychological and social supervision is provided,
and family visits are allowed.
8.7
Contrary to the allegations that the medical consequences suffered by the complainant are
due to torture, the State party rejects any causal link. Moreover, according to the State party, the
complainant was treated for everyday medical problems and received appropriate care. Lastly,
following an examination by the prison doctor, the complainant was taken to see an
ophthalmologist, who prescribed a pair of glasses on 21 January 1997.
8.8
Concerning the allegations that he was denied visits, according to the State party the
complainant regularly received visits from his wife Aicha Thabti and his brother Mohamed
Thabti, in accordance with the prison regulations, as demonstrated by the visitors’ records in the
prisons in which he was held.
8.9
Concerning the allegations relating to administrative supervision and the social position
of Mr. Thabti’s family, according to the State party, the administrative supervision to which the
complainant was subject after having served his prison term, and which he equates with illtreatment, is in fact an additional punishment for which provision is made in article 5 of the
Criminal Code. The State party therefore considers that the punishment cannot be regarded as
ill-treatment under the Convention against Torture. Lastly, contrary to the complainant’s
allegations, the State party maintains that the complainant’s family is not suffering from any
form of harassment or restrictions, and that his wife and his children are in possession of their
passports.
Observations by the complainant :
9.1
In his observations dated 20 May 2003, the complainant sought to respond to each of the
points contained in the above observations by the State party.
9.2
Concerning the preventive arrangements for combating torture, the complainant
considers that the State party has confined itself to listing an arsenal of laws and measures of an
administrative and political nature which, he says, are not put into effect in any way. To support
this assertion he cites reports prepared by the non-governmental organization “National Council
for Fundamental Freedoms in Tunisia” (CNLT).8
8
« Le procès-Tournant : A propos des procès militaires de Bouchoucha et de Bab Saadoun en 1992 », October
1992 ; “Pour la réhabilitation de l’indépendance de la justice», April 2000- December 2001.