CAT/C/50/D/430/2010
rights would be protected in the event of his extradition to Tunisia. In response, the
Tunisian Ministry of Foreign Affairs sent two letters5 in which it provided diplomatic
assurances that the proceedings that would be initiated upon Mr. Abichou’s extradition
would be conducted in accordance with the International Covenant on Civil and Political
Rights, which has been ratified by Tunisia, and, in the event of a conviction, Mr. Abichou
would serve his sentence in a prison that abided by the United Nations Standard Minimum
Rules for the Treatment of Prisoners.
2.7
On 20 May 2010, the Saarland Regional High Court determined that the extradition
would be lawful, thereby authorizing the German Ministry of Foreign Affairs to formally
order the extradition of Mr. Abichou. Assisted by his counsel, Mr. Abichou challenged the
decision of 20 May 2010 on the grounds that the Regional High Court had failed to rule on
several lines of argument that he had put forward, notably those dealing with the risk of
torture. Although the appeal had no suspensive effect, the prosecuting authorities agreed
not to extradite Mr. Abichou until the Court had ruled on these points.
2.8
On 8 July 2010, the German Ministry of Foreign Affairs sent a note verbale to the
Tunisian embassy in Berlin in which it confirmed the Government’s consent to the
extradition of Mr. Abichou. It was not until 19 August 2010 that, at his request, the counsel
of Mr. Abichou was apprised of the contents of this correspondence.
2.9
On 12 July 2010, the Saarland Regional High Court upheld its decision of 20 May
2010 on the grounds that, although aware of reports from international non-governmental
organizations concerning the risk of torture in Tunisia, the Court put its trust in the Tunisian
Government. Furthermore, the Court cited a lack of evidence of any direct threat to the
applicant.
2.10 On 22 July 2010, Mr. Abichou submitted an urgent appeal to the German
Constitutional Court for interim measures and requested it to set aside the Regional High
Court’s decision. This petition was rejected on 28 July 2010. The Saarbrücken prosecuting
authorities then sent a letter to the central office of the German Criminal Investigation
Department in Wiesbaden requesting that it make arrangements for Mr. Abichou’s
extradition.
2.11 On 20 August 2010, Mr. Abichou submitted a request for interim measures6 to the
European Court of Human Rights pursuant to rule 39 of the Rules of Court. The application
was rejected by the Court on 23 August 2010, with no reason for the rejection being given.
2.12 On 25 August 2010, the complainant learned that the extradition of her husband, Mr.
Abichou, would take place on that same day at 1 p.m. The extradition was carried out as
planned on 25 August 2010.
The complaint
3.1
The complainant refers to the concluding observations of the Human Rights
Committee on the report of Tunisia, adopted on 28 March 2008,7 and states that torture is
5
6
7
4
The dates of which are illegible (apparently dated 13 May 2010).
In her subsequent comments on the State party’s observations on the merits, the complainant went on
to specify that the two requests for interim measures were made on 3 and 19 August 2010.
According to which the Committee was shown to be “concerned about serious and substantiated
reports that acts of torture and cruel, inhuman or degrading treatment or punishment are being
committed in the territory of the State party. According to some of these reports: (a) some judges
refuse to register complaints of ill-treatment or torture; (b) some inquiries ordered subsequent to such
complaints take an unreasonable amount of time; and (c) some superiors responsible for the conduct
of their agents, in violation of article 7 of the Covenant, are neither investigated nor prosecuted”
GE.13-45615