A/HRC/19/61/Add.1
3.
Redress, reparation and compensation
82. Regarding victims of violations committed during the revolution, the Special
Rapporteur welcomes the initiative of the interim Government to grant symbolic
preliminary compensation to victims of the revolution and their families in the amount of
20,000 Tunisian dinars in the event of a death, and 3,000 Tunisian dinars in the event of an
injury. While this measure is encouraging, it is unclear how the amount of compensation
was determined, whether it is adequate, how the victims were identified, which
methodologies were used to determine varying degrees of injury, how material damages
and commensurate awards were quantified, and how proof can be established in the
absence of a forensic examination or medical certificate. Moreover, at least one autopsy
report examined by the forensic expert was of a very low quality.
83. In many cases, victims and survivors have rejected the token compensation,
emphasizing instead the need for accountability and the prosecution of offenders as the
priority among the elements of their right to reparations. Several officials told the Special
Rapporteur that these compensation awards are intended to be symbolic and that other
forms of redress and reparations will be provided through the appropriate legal process.
84. The Special Rapporteur believes that it is imperative to provide reparation and
rehabilitation to victims of the past regime. However, he has received reports and
testimonies indicating that efforts to that end are hampered by the lack of infrastructure and
a sufficient legal framework. The public health system of Tunisia reportedly does not have
any specialized services that could provide medical, psychological or social rehabilitation
for primary and secondary victims of torture.
4.
Establishing an effective framework to prevent torture and ill-treatment
85. The Special Rapporteur welcomes the high-level consensus across the political
spectrum in Tunisia on the need to abolish torture and ill-treatment and break the cycle of
impunity in order to move forward. In this respect, the Special Rapporteur again
emphasizes the critical role of an independent judiciary in restoring justice and
accountability for past abuses committed by the previous regime and those abuses
committed during the revolution and in its aftermath.
86. Several officials told the Special Rapporteur that the practice of torture and illtreatment has decreased following instructions reportedly sent by the highest officials of the
security services. He also heard, however, credible testimonies that beatings of detainees
upon arrest or within the first hours of pretrial detention and during interrogation continue
in this transitional period.
87. The Special Rapporteur welcomes the abhorrence of torture and the commitment to
eradicate it expressed at all levels of the interim Government. In particular, he welcomes
the circular on preventing torture in prisons that was being prepared at the time of his visit
and that was to be distributed to all prison administrators. The Special Rapporteur calls
upon all law enforcement bodies and security forces to unconditionally adhere to the
principles of the prohibition of torture and ill-treatment. He also requests the authorities to
exert a concerted effort to ensure that these instructions reach the very top of the chain of
command and ensure that no law-enforcement agents are exempted from criminal liability
for acts of ill-treatment or torture committed by them or their subordinates. The Special
Rapporteur is of the view that, in order to build the people’s confidence in law-enforcement
institutions, measures taken to counter abuses, redress injustices and offer remedies and
reparations should be communicated openly and transparently.
88. The Special Rapporteur is of the opinion that authorities must ensure comprehensive
structural and legislative reforms to guarantee effective safeguards, including access to a
lawyer during the first hours of apprehension and unimpeded access to an indictment judge
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents