A/HRC/19/61/Add.1
the suspect within four days. The same article makes it mandatory for the judicial police to
have a detainee examined by a doctor upon the request of the detainee or his relatives.
19. Although the Prosecutor General must give reasons supported by a written statement
when authorizing extensions of the garde à vue period, the Special Rapporteur observes
that the law does not explicitly prescribe the point at which the initial period of garde à vue
officially starts.
20. The Special Rapporteur expresses concern about the excessive length of garde à vue
during which detainees do not have access to a lawyer. In addition, given the practice of the
past regime and the fact that ill-treatment normally happens prior to the registration of
police arrest, the Special Rapporteur expresses concern about the period of deprivation of
liberty soon after arrest and before the detainee is officially acknowledged to be in garde à
vue, as it is during this period when the basic safeguards are generally not provided for in
practice. In this regard the Special Rapporteur welcomes the expressed intention of the
authorities to allow detainees immediate access to a lawyer.
3.
Complaints and investigations of acts of torture and ill-treatment
21. Tunisian law provides for three different types of redress mechanisms for persons
alleging to have been subjected to torture or other human rights violations: legal,
administrative and national.
22. Legal redress mechanisms include the public prosecutors and their deputies,
investigating judges, sentence enforcement judges and other courts of law. According to
article 26 of the Code of Criminal Procedure, the Prosecutor General, investigating judges
and the judges of indictment office are mandated with receiving complaints and carrying
out investigations.
23. Article 342, paragraph 3, of the Code states that a sentence enforcement judge may
wish to meet with inmates or other persons in a private office and that he may wish to
examine the disciplinary record book. Inmates can also request to meet with the sentence
enforcement judge during one of his periodic inspection tours of the prison (article 17,
paragraph 7, of Law No. 52 of 2001).
24. National redress mechanisms include the Higher Commission on Human Rights and
Fundamental Freedoms, which is tasked with receiving complaints, including cases
involving acts of torture or ill-treatment. If reconstituted in accordance with the Paris
Principles, the Commission could potentially be constituted into a credible, independent
and reliable complaints mechanism.
25. Administrative redress mechanisms include citizens’ liaison bureaus at the Ministry
of Justice and at the Prisons Administration.
III. Assessment of the situation
A.
1.
Before the revolution
Endemic practice of torture and ill-treatment
26. The Special Rapporteur received many reports and testimonies indicating that the
Ben Ali regime was marked by widely reported cases of torture and ill-treatment. The
systematic practice of torture and ill-treatment was deeply entrenched and institutionalized
within the security sector, with torture being practiced and abetted by law enforcement
officials, the former State Security Department (DSS, also known as the “political police”),
Ministry of the Interior personnel and prison staff, with complete impunity.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents