A/HRC/19/61/Add.1
power continues to jeopardize efforts to reform the entire system, and generates public
frustration regarding accountability.
77. The Special Rapporteur is aware of discussions under way to create comprehensive
justice mechanisms, such as a truth-seeking commission tasked with addressing the
violations of the past and the legacy of torture and other abuses committed during Ben Ali’s
regime. As in other transitions to democracy, Tunisia is faced with the fact that cases
accumulated over years might be neglected, as the judiciary is overburdened with the task
of dealing simultaneously with the cases stemming from the Ben Ali regime, cases from the
revolutionary period, new cases and ongoing reforms. Some interlocutors strongly
supported the establishment of an ad hoc tribunal or another transitional justice mechanism
to deal primarily with the cases of the past regime.
(b)
Addressing abuses committed during the revolution
78. The fact-finding commission looking into the recent violations is tasked with
investigating all “excesses and violations that took place since 17 December 2010”. The
commission is mandated to investigate, to alert and inform the Public Prosecutor, and to
encourage victims and their relatives to file complaints. It has neither judicial nor
prosecutorial roles, and cannot interfere with, replicate or supplant the institutions of
criminal justice, nor can it determine compensation for victims. Cases that come to the
attention of the commission are registered in accordance with the principle of
confidentiality and referred to the judiciary for criminal investigation and prosecution. At
the end of its mission, the commission will report to the President and to the public and
submit its findings to the judiciary. Any relevant evidence, such as death certificates and
medical records, is forwarded to the office of the Public Prosecutor. At the time of the visit
of the Special Rapporteur, the number of complaints received stood at 1,322, out of which
210 were cases of death and 714 were cases of injuries. About 200 cases were reportedly
under adjudication.
79. At the time of the visit, the investigations led by the President of the fact-finding
commission had implicated 12 unnamed senior officials allegedly responsible for violations
committed after 17 December 2010. In addition to information on cases received, the factfinding commission intends to formulate forward-looking recommendations, one being that
the commission be transformed into a truth, reconciliation and justice mechanism.
Challenges
80. The Special Rapporteur recognizes that the fact-finding commission seems to have
approached its work in a thorough and systematic manner. It has requested from
prosecutors in each governorate reports of cases in process that relate to its mandate.
However, the ability of the commission to subpoena and obtain documents held in public
agencies is uncertain. Another source of frustration is the lack of information available to
victims and the public about the status of investigations and the pace of prosecutions. The
president of the commission has held at least four press conferences since its inception and
the establishment of a website was planned to provide public access to information about
the commission and its progress. However, there was no indication of when an authoritative
report of the commission’s findings was to be expected. In response to criticism for the lack
of progress and transparency, the commission emphasized the need for sufficient time to
ensure fair and complete investigations.
81. The Special Rapporteur was told that, as some police officers are subject to military
jurisdiction, some cases had been forwarded by civil judges to military courts. That practice
contributes to confusion as to the role and function of law-enforcement officials and of the
military, and it complicates the development of a truly civil police.
16
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