CAT/C/23/D/60/1996 page 9 sum of 10,000 dinars to the alleged victim’s father in compensation for the mental pain and anguish that he had suffered. On 2 October 1996, the Court of Appeal upheld that judgement and increased the amount of compensation to 12,000 dinars. 5.7 The State party maintains that the alleged victim’s beneficiaries are completely free to avail themselves of the domestic remedies before the Tunisian courts without the risk of any threat or act of reprisal, contrary to the author’s allegations. However, although they instructed a lawyer to defend their interests before the Tunisian courts, they have shown no interest in taking this matter outside the domestic channels of recourse. Comments by the author 6.1 The author refers to the Committee’s request to the State party to ensure the safety of the witnesses and their families and notes that the wife of one of the witnesses has been in prison since 23 May 1996 on political charges relating to meetings allegedly held in 1989, even though she is a simple housewife. 6.2 The author denies belonging to an extremist movement or acting on behalf of anyone except Jamel Baraket and his family. He has presented the Committee with a power of attorney dated 5 December 1994, signed by the victim’s father and confirmed on 7 November 1995 by the brother when the father’s health had deteriorated. He maintains that Jamel Baraket is the person legally responsible for his family, that he has a close relationship with him, that Jamel’s letters are authentic and that the State party has not proved the documents to be forgeries. 6.3 The author emphasizes the fact that domestic remedies cannot be exhausted because of the risk of reprisals. He refers to the inquiries that have been opened and subsequently closed by the Office of the Public Prosecutor and claims that no serious criminal proceedings were ever instituted. 6.4 With regard to the civil proceedings, the author points out that, by law, in order to lodge an appeal against the State Litigation Department under the terms of the legislation concerning the Compensation Fund for the Victims of Road Accidents, anyone filing a complaint against an unidentified culprit must first of all: (i) have filed a claim for damages with the Fund not later than one year after the accident in question; (ii) have reached a settlement with the Fund or, failing such settlement, have filed a complaint against it. In the case in question, in the absence of a complaint or a judgement no prosecution was possible. 6.5 He also claims that the father did not commission any lawyer and that the family, including his client Jamel Baraket, never recognized the action for damages that was brought on behalf of Mr. Hedi Baraket. However, they were forced to put up with it in order to protect themselves against the reactions of those who had brought the action in their name with a view to presenting it to the Committee as an operative domestic remedy. The author notes that, in practice, proceedings of that type very rarely succeed and, when they do, it is only after many years. However, the Baraket case was heard in two years, including the appeal, which is astonishing.