CAT/C/23/D/60/1996
page 7
2.10 From October 1991 onwards, non-governmental organizations such as Amnesty
International,1 the World Organization against Torture, Action of Christians for the Abolition of
Torture (France) and the Association for the Prevention of Torture (Switzerland) also requested
the Tunisian Government to investigate the death. However, the Government has always
maintained that the death resulted from a road accident.
2.11 In a judgement dated 2 October 1996, the Tunis Appeal Court awarded damages
amounting to 12,000 dinars to the Baraket family in compensation for Faisal’s death in a
road accident. The content of the verdict was communicated to the family by a lawyer,
Mohamed El Marhoul, who affirmed in his letter that it was the father of Faisal Baraket who had
initially commissioned him to act in that matter. However, the author emphasizes that, contrary
to the said lawyer’s affirmation, the Baraket family had never instituted proceedings in that
regard.
The complaint
3.1.
The author claims that the Tunisian Government has violated the following articles of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment:
Article 2, paragraph 1: The State party not only failed to take effective measures to
prevent torture, but also concealed the facts and denied that acts of torture had been
committed.
Article 11: The Authorities used their supervisory powers not to prevent torture but to
hide the truth.
Article 12: The State party claims that the investigation into Faisal Baraket’s death was
closed and, although it promised in 1992 that it would reopen the case, no investigation
has been conducted.
Article 13: The State party forced the victim’s father to sign a statement acknowledging
that his son died in an accident, while keeping his other son Jamel in detention for
six months after his brother’s death.
Article 14: The State party still denies that Faisal Baraket died under torture; his family
therefore cannot claim compensation.
3.2
The author also affirms that the police officers who tortured Faisal Baraket have
remained in their posts and some of them have even been promoted.
3.3
The author repeatedly expresses his concern about the safety not only of the Baraket
family but also of the witnesses and their families following incidents which he considers to be
related to the presentation of the communication to the Committee.