E/CN.4/1995/34
page 139
the judge about ill-treatment and received regular visits from his wife. He
could also have access to his lawyer. The latter, however, had not yet asked
the judge for permission to see his client.
725. In connection with the response provided by the Government, the source
stated that, without disputing the findings of the police laboratory, its main
concern arose from the fact that no autopsies had been carried out on the
bodies of those who died, either to investigate allegations of torture or to
establish the cause of death. The Government’s reply did not contain any
response to allegations that the detainees died as a result of torture,
ill-treatment and asphyxiation after 40 of them were crammed into a small
cell. No inquiry into these serious allegations appears to have been carried
out.
Tunisia
Information transmitted to the Government and replies received
726. By letter dated 3 May 1994 the Special Rapporteur advised the Government
that he had received information indicating that torture, although forbidden
in the Constitution and legal codes, was frequently practised in police,
gendarmerie and national guard stations throughout the country, especially
against suspected opponents of the Government such as sympathizers of the
al Nahda Islamic Movement and the Parti communiste des ouvriers de
Tunisie (PCOT). Methods of torture reported included severe beatings,
sometimes while the victim was suspended in contorted positions, electric
shocks, and insertion of broken bottles or other sharp objects into the anus.
Such methods were said to have been employed mainly to extract confessions or
information, as well as for punishment or intimidation.
727. Article 13 bis of the Code of Penal Procedure provides that suspects
may not be detained by the police or the gendarmerie for more than 4 days and
that the Procureur de la République must be informed of any detention and may
prolong garde à vue, by written order, for a further 4 days. Only "in case of
absolute necessity" may garde à vue be prolonged for a further 2 days to a
total of 10 days. During or after the garde à vue period the detainee or any
member of his or her immediate family may request a medical examination. The
dates and times of the beginning and end of garde à vue detention and the
dates and times at which each interrogation begins and finishes must be noted
in a register kept in each police station. It was reported, however, that the
police and the gendarmerie frequently falsified records in order to make it
appear as though they had adhered to the legal limits of garde à vue.
728. It was also alleged that formal requests, stamped by the Procureur’s
office, for the medical examination of persons detained for political reasons,
in accordance with article 13 bis, were consistently ignored. Procureurs were
said to have been ready, without question, to accept forged documents produced
by the police and their own officials while ignoring well-attested evidence of
illegally prolonged garde à vue detention. Detention centres wherein inmates
allegedly had been illegally held and tortured were not visited or inspected
by the Procureurs, and the few investigations opened by Procureurs into cases
of ill-treatment, torture or suspicious death were either dropped or else had
carried on interminably and without results.
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