CAT/C/23/D/60/1996
page 17
examination of witnesses is necessary, before the possible questioning of the “real” suspects. In
addition, the examination of witnesses is carried out exclusively before the competent examining
magistrate, in his office and without any criminal investigation officer being present.
10.3
As regards civil procedure, the State party points out a flagrant contradiction on the part
of the author. On the one hand, he considers Jamel Baraket as being “legally responsible” for the
entire Baraket family, while at the same time he mentions that Mohamed El Hedi is 27 years old.
In Tunisia the age of majority is 20. Consequently, Jamel Baraket cannot be legally responsible
for adult relatives, except where the courts have declared them legally incompetent by reason of
insanity. He is not even the legal representative of his close relatives, as to date he has not cited
a legally valid authorization.
10.4 The lawyer Mohamed Ahmed El Marhoul did not appear “out of the blue” in the civil
proceedings, as the author claims. The father of the late Faisal Baraket, who has since died,
engaged him to pursue an action for compensation following a road accident, on his behalf and
on behalf of all the other heirs. None of the heirs had recourse to the law to challenge his
authority. In any event, the relations between a lawyer and his clients fall within the sphere of
private law and are not subject to any supervision on the part of the Government. If not all those
entitled to compensation have yet received it, that is not because they have been subjected to
pressure by the lawyer, but because they are being manipulated by the author of the
communication.
10.5 Lastly, as regards the situation of the wife of one of the “witnesses”, she has been
prosecuted in keeping with normal legal procedures for offences under the ordinary law.
Consideration on the merits
11.1 The Committee has considered the communication in the light of all information made
available to it by the parties concerned, in accordance with article 22, paragraph 4, of the
Convention.
11.2 It also notes that the author of the communication claims that the State party has violated
articles 2, 11, 12, 13 and 14 of the Convention.
11.3 Regarding articles 11 and 14, the Committee considers that the documents communicated
to it furnish no proof that the State party has failed to discharge its obligations under these
provisions of the Convention.
11.4 As regards article 12 of the Convention, the Committee notes first that study of the
information forwarded by the parties points to the following established facts:
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The victim Faisal Baraket did indeed die no later than 11 November 1991, the
date of the order for an autopsy; dying, according to the author of the
communication, as a result of his arrest, or, according to the State party, as a
result of a road accident caused by an unknown person.