E/CN.4/1995/34
page 141
735. The Government informed the Special Rapporteur that Taofik Rajhi had
actually been arrested on 11 August 1993 for membership of an unauthorized
organization. He was not detained incommunicado, was not ill-treated and was
not forced to sign a police statement without knowing its contents. He was
sentenced on 31 August 1993 to a term of imprisonment which was later reduced
by the Tunis court of appeal on 8 October 1993 to eight months. He was
released on 11 April 1994 and had recently left Tunisia. Mr. Rajhi made no
mention of torture until his appeal hearing. It was a frequent practice among
accused persons to bring up procedural questions at appeal level in order to
negate a confession.
736. Jaoua Thameur, a resident of Gammarth, Tunis, was reportedly arrested
on 31 January 1993 at the Taoufik clinic by members of the police who carried
no warrant. He was then transferred to the Sfax prison and held incommunicado
for a period of weeks. Although recovering from a back operation, he was
allegedly subjected to torture. When on 20 February his family were permitted
to visit him, he was unable to move.
737. According to the Government, Jaoua Thameur was arrested
on 14 February 1993 by the judicial police, was sentenced by the court of
first instance in Sfax to 14 months’ imprisonment for unlawful political
activities and was released on 14 April 1994. An examination conducted by the
prison doctor during his detention in Sfax revealed that his pains were the
result of an old injury. During his stay in the dispensary at the Sfax
prison, he was examined on 23 and 27 February and given adequate medical
treatment. He was transferred to the Tunis civil prison on 16 May 1993, where
he stayed in the dispensary and received satisfactory treatment and was in a
normal state of health. The allegations that he was subjected to torture and
no longer capable of moving about were totally unfounded. Also, he had never
been deprived of contact with his lawyer and had received regular visits from
family members.
Follow-up to cases previously transmitted
738. By the same letter, the Special Rapporteur informed the Government that
he had received additional information with respect to a case previously
transmitted to the Government. On 13 September 1993 the Special Rapporteur
sent an urgent appeal to the Government on behalf of Salaheddine Zikikout,
arrested on 8 August 1993. On 18 October 1993 the Government replied,
inter alia, that he was detained in the civil prison of Tunis where he could
be visited by his family, and was treated normally, in accordance with
the 1988 prison regulations. Further information received by the Special
Rapporteur indicated that after his arrest Salaheddine Zikikout had been held
for 53 days in incommunicado detention, 43 days more than the maximum period
allowed by law. During that time he was said to have been tortured and made
to sign a police statement under duress and without knowing its contents.
Both the court of first instance, which sentenced him to 18 months’
imprisonment for membership in an unauthorized organization, and the appeal
court, which on 18 January 1994 upheld the sentence, refused to investigate
the allegations of ill-treatment. They also were said to have failed to
investigate allegations that the arrest date of 19 September on the police
records had been falsified in order to conceal the illegally prolonged
garde à vue detention.
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