Communication No. 14/1994
Submitted by:
B. M’B. [name deleted]
Alleged victims:
Faïsal Barakat and family
State party:
Tunisia
Date of communication:
29 March 1994
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Meeting on 5 May 1994,
Adopts the following:
Decision on admissibility
1.
The author of the communication is B. M’B., a Tunisian national, currently
residing in France with the status of political refugee. He submits the
communication on behalf of the late Faïsal Barakat and his family. He claims
that they are victims of violations by Tunisia of articles 2, paragraph 1, 11,
12, 13 and 14, of the Convention against Torture.
The facts as submitted by the author:
2.1 The author states that the alleged victim, Faïsal Barakat, a university
student in Tunisia, was arrested in the morning of 8 October 1991 by members of
the Intelligence Brigade of the Nabeul National Guard. Upon his arrest, he was
reportedly beaten and towards noon he was brought to the quarters of the Brigade
where his "hands and feet were bound and he was suspended between two chairs on
a big stick, with his head down and the soles of his feet and his buttocks
showing, in which is commonly called the ’roast chicken’ position. The blows
and screams continued from then until nightfall, when officers threw him out
into the corridor after bringing another prisoner into the office.
Faïsal Barakat was in a very bad condition and seemed to be dying. The officers
nevertheless prohibited the 30 or so prisoners present, including his own
brother, Jamel, from giving him assistance. One half hour later, he seemed to
have died."
2.2 On 17 October 1991, the victim’s father was taken to Tunis by the Chief of
the Traffic Police; he was informed that his son had died in a car accident. At
the Charles Nicole Hospital, he was asked to identify his son among the many
corpses in the mortuary. He noted that his son’s face was disfigured and
difficult to recognize. He was not allowed to see the rest of the body. He was
made to sign a statement in which he recognized that his son was killed in an
accident; at that time, his other son Jamel was still in prison, allegedly as a
hostage to prevent his father from denouncing the circumstances of Faïsal’s
death. At the funeral, the police carried the coffin and supervised the
ceremony; the coffin remained closed.
2.3 The author submits several medical reports, based on the official autopsy
report, concluding that the victim died as a result of the torture described
above.
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