A/HRC/19/61/Add.1
detainee described a police facility with horrific sanitary conditions where suspects were
taken for interrogation; most were severely beaten and mistreated in order to force them to
confess.
61. The Special Rapporteur heard testimonies that during interrogation, suspects had
been kept in holding cells where the toilet was full of excrement. One detainee described
how the interrogators forced his head into the excrement-filled toilet as punishment for not
confessing to charges. In an attempt to verify this information, the Special Rapporteur
visited a police facility located near the Kasserine penitentiary that had holding cells in a
basement that was clearly not in use at the time of the visit. A secret detention centre
allegedly used by the judicial police could possibly exist in another location, also not far
from the Kasserine prison, but the Special Rapporteur was unable to locate it.
(c)
Women in detention
62. The Special Rapporteur observed that women and juveniles were held separately
from men and adults, respectively, both in prison and police custody. However, in
Bouchoucha he was told that juveniles had been separated from adults prior to his visit. The
conditions in the women’s section were considerably better than those in the men’s wings
in civilian prisons in Kasserine and in the Bouchoucha detention centre. In Kasserine,
women detainees seem to enjoy a more liberal regime than men. Inmates were allowed to
prepare their own food and had some newspapers at their disposal. Female guards were
employed for women and juvenile detainees in the places of deprivation of liberty visited.
The Special Rapporteur commends the State for temporarily releasing pregnant women
from custody to enable them to deliver in a public hospital. The Special Rapporteur saw no
female prisoners in the Bourj al-Roumi facility.
63. The Special Rapporteur did not receive any serious complaints regarding the
conditions or any allegations of violence from women offenders. In at least one case, he
heard that detainees feared reprisals if they complained to the Special Rapporteur. A small,
dark punishment cell was located beside the women’s cell in Kassarine and women
offenders alleged that prison wardens had used it recently as a means of punishment for
insubordination.
4.
Prisoners on death row
64. The Special Rapporteur regrets that, due to time constraints, he was unable to visit
prisoners on death row. He nevertheless obtained (during and after the visit) credible
information about the conditions of some inmates sentenced to death.
65. Capital punishment is provided for in the Criminal Code (article 5). Since 1991, the
Tunisian authorities have maintained a de facto moratorium on executions and generally
commute death sentences following a decision of the official commutation commission.
The Special Rapporteur was told that the Centre for Legal and Judicial Studies of the
Ministry of Justice had been entrusted with preparing a specific study on the subject. He
was informed that, in the meantime, steps to commute the death sentences of inmates to
prison sentences continue to be taken on a case-by-case basis.
66. In a credible report received by the Special Rapporteur, one prisoner on death row at
al-Mornaguia prison stated that, following a hunger strike he had initiated to demand that
he be allowed visitors, a privilege denied to death row prisoners, he had been held for
approximately eight months in solitary confinement in a so-called “punishment wing”
separated from other death row prisoners. He was confined to his cell for 22 hours a day.
Twice a day he was allowed one hour in the courtyard; during that time he was not allowed
any contact with other prisoners. Seeking to remedy his situation, he sent letters to the
Minister of Justice and the Director-General for Prison Administration, to demand an
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents