A/HRC/19/61/Add.1 (a) Investigating torture claims of the past 71. The Special Rapporteur has learned that some prominent members of Ben Ali’s regime have been arrested and face trial, including a former Minister of the Interior, several senior officials, and members of the presidential security guard. The interim Minister of the Interior informed the Special Rapporteur that 66 security officials had been arrested, 7 persons in the highest ranks prosecuted, and 42 officials were either forced to retire or retired voluntarily. However, the Special Rapporteur received no information as to specific cases launched, the status of the investigations, or proceedings or disciplinary measures imposed. 72. On 21 February 2011, the interim Government issued an international arrest warrant which sought the extradition of Ben Ali and family members from Saudi Arabia. In addition to charges of money laundering and the possession of unlicensed weapons, the interim Government charged Ben Ali and his wife with “plotting against the internal security of the State”, including the “instigation of disorder, murders and looting”. On 20 June, Ben Ali and his wife were tried and convicted in absentia for the first of the corruption charges. By all accounts, the trial was cursory and summary and no serious attempt was made to allow for an examination of possible exculpatory evidence or legal defences. Subsequent trials on 4 July and 10 August handed down sentences for 23 other defendants from Ben Ali’s inner circle. 73. The Special Rapporteur expects that Tunisia will investigate, prosecute and punish the cases of torture that happened under the Ben Ali regime, including the prosecution of the highest authorities if the evidence warrants it. For that reason, he looks forward to prosecutions for torture and other human rights violations, in addition to corruption. On the other hand, it must be emphasized that such prosecutions and trials must meet high standards of fairness. In that regard, the initial cases against Ben Ali and other leaders, as described above, raise serious questions. The Special Rapporteur believes that trials in absentia are at least suspect from the perspective of international standards, although not necessarily unlawful if appropriate guarantees have been provided. However, the first exercise of in absentia jurisdiction against Ben Ali in Tunisia raises legitimate concerns. 74. The Special Rapporteur insists that the trial of Ben Ali and of all those connected to the crimes of his dictatorship must be in compliance with internationally recognized fair trial standards. Challenges 75. The Special Rapporteur has learned that several hundred cases relating to torture and ill-treatment committed during the Ben Ali regime were filed with the Prosecutor’s office. The legacy of the dependence of the judiciary on the executive and the lack of response regarding the status of their complaints have triggered some disgruntlement among the victims. The Special Rapporteur regrets that there is no clear strategy or timeline for addressing the huge backlog of cases and preserving the evidence of torture and abuse subject to adjudication as a matter of transitional justice. Furthermore, no official or institution seems to be in charge of these cases, nor of informing the public about the status of the complaints. The judiciary and the Prosecutor’s office currently lack the capacity to process the volume of cases of torture and ill-treatment. Moreover, there does not seem to be a plan to provide legal assistance to victims interested in filing complaints. 76. A general mood of dissatisfaction with the remedial efforts prevails, coupled with frustration with the lack of public information as to the charges and status of those arrested and subjected to trial. The Special Rapporteur also heard consistent allegations that some representatives of the previous regime and high-ranking officials who have been responsible for perpetrating torture are still at large. The fact that some hold positions of 15