CAT/C/31/D/187/2001
Page 10
subject to harassment and other forms of serious encroachment on the free and independent
exercise of their profession, including prison sentences.
5.7
The complainant maintains that his situation as a political refugee in Switzerland
precludes him from successfully concluding any proceedings that he might initiate, given the
restrictions placed on contacts between refugees and the authorities in their own countries. He
explains that severance of all relations with the country of origin is one of the conditions on
which refugee status is granted, and that it plays an important role when consideration is being
given to withdrawing asylum. According to the complainant, such asylum would effectively end
if the refugee should once again, of his own volition, seek the protection of his country of origin,
for example by maintaining close contacts with the authorities or paying regular visits to the
country.
5.8
Lastly, the complainant believes that the State party’s comments regarding his
membership of the ENNAHDA movement and the aspersions cast upon it demonstrate the
continued discrimination against the opposition, which is still considered illegal. According to
the complainant, with its references in this context to terrorism, the State party is demonstrating
its bias and any further talk of ensuring effective domestic remedies is therefore pure fiction. He
also stresses that the prohibition of torture and inhuman or degrading treatment is a provision
which admits of no exception, including for terrorists.2
5.9
Finally, in the light of his previous explanations, the complainant rejects the observation
by the State party to the effect that the present complaint constitutes an abuse of the right to
submit complaints.
Additional observations from the State party on admissibility
6.1
On 8 November 2002 the State party again challenged the admissibility of the complaint.
It maintains, first, that the complainant’s claims about recourse to the Tunisian justice system
and the use of domestic remedies are baseless and unsupported by any evidence. It adds that
proceedings in relation to the allegations made in the complaint are not time-barred, since the
time-limit for bringing proceedings in such cases is 10 years. It argues that the complainant
offers no evidence in support of his claims that the Tunisian authorities’ customary practice
makes it difficult to initiate prompt legal action or apply for criminal indemnification. It adds
that the complainant’s refugee status does not deprive him of his right to lay complaints before
the Tunisian courts. Third, it maintains that, contrary to the complainant’s allegations, it is open
to him to instruct a lawyer of his choice to lodge a complaint from abroad. Lastly, the State
party reaffirms that the complaint is not based on any specific incident and cites no evidence, and
constitutes an abuse of the right to submit complaints.
Committee’s decision on admissibility
2
The complainant also refers to communication No. 91/1997, A. v. Netherlands, concerning which the Committee
against Torture upheld the complaint of a Tunisian asylum-seeker who was a member of the opposition because of
the serious risk that he would be tortured if he returned to Tunisia.