CAT/C/50/D/430/2010 8.5 As to the merits, the complainant challenges the State party’s assertions that the reports it consulted did not establish that Onsi Abichou faced a substantial risk of torture because he was not being prosecuted in connection with terrorism-related offences. The complainant refers in this regard to numerous reports (mostly from non-governmental sources)20 that were sent to the European Court of Human Rights on 19 August 2010 along with the request for interim measures in respect of Onsi Abichou, which mention the use of torture against prisoners prosecuted for ordinary criminal offences. The complainant refers once more to the judgement of the European Court of Human Rights in the case of Ben Khemais v. Italy, which was cited by the State party in an effort to show that the risk of torture applies only to persons suspected of terrorist activities. The fact that this judgement concerns a person who was suspected by the Tunisian authorities of having participated in terrorist activities and who was subjected to torture does not mean, conversely, that persons in Tunisia under prosecution for other types of offences do not run the risk of being subjected to torture. Many credible sources have documented the use of torture against political opponents, trade unionists, journalists and others arrested in connection with events unrelated to the struggle to combat terrorism.21 8.6 Regarding the issue of diplomatic assurances, the complainant observes that three of the diplomatic assurances provided to the State party by Tunisia were not honoured: (1) “In the new trial, the right of the accused to question, through the presiding judge, the witnesses against him and his co-defendants will be guaranteed pursuant to section 143 of the Code of Criminal Procedure.” At Mr. Abichou’s new trial, which was granted following his extradition by Germany, the Tunisian judge Mehrez Hammami (who was relieved of his duties following the Tunisian revolution) refused to allow the confrontation of witnesses. He sentenced the accused to life imprisonment on 11 December 2010 solely on the basis of confessions obtained under torture from his alleged accomplices. Allowing Onsi Abichou to confront his alleged accomplices would have provided them with an opportunity to describe the torture to which they had been subjected during questioning.22 (2) “The new trial will be in accordance with the standards set forth in the International Covenant on Civil and Political Rights, which was ratified by Tunisia pursuant to Act No. 30 of 29 November 1968, thus affording the accused an effective defence.” Onsi Abichou was sentenced on 11 December 2010, the day of the first hearing, without his lawyer, Radhia Nasraoui, having been permitted to submit arguments in respect of the merits. (3) “If convicted, Onsi Abichou will serve his sentence in a prison that complies with the United Nations Standard Minimum Rules for the Treatment of Prisoners.” As noted by the United 20 21 22 12 Report of 2009 of the United States Department of State, cited by the State party in its observations, which refers to the case of Abdelmottaleb Ben Marzoug, who was tortured on 12 March 2009 by security forces who wished to coerce him into confessing that he had participated in a fight in a coffee shop; 2009 report of the World Organization Against Torture (OMCT) and the Tunisian Association against Torture (ALTT), which makes repeated references to the torture of prisoners convicted of ordinary criminal offences; 2010 report of ACAT-France, A World of Torture, which notes that persons suspected of having committed an ordinary criminal offence are almost routinely subjected to cruel, inhuman or degrading treatment, such as being kicked, slapped or punched during questioning. The report goes on to say that, according to statements gathered from victims and lawyers, the vast majority of arrested persons are subjected, at a minimum, to insults, slaps and kicks during questioning at police or national guard stations. It also states that recalcitrant suspects may be subjected to torture [http://unmondetortionnaire.com/Tunisie-rapport-2010] (statement by lawyer Mohamed Abbou, dated 18 August, concerning the use of torture against persons suspected of drug trafficking). United States Department of State, Amnesty International, ACAT-France, International Federation for Human Rights (FIDH), Human Rights Watch and World Organization Against Torture (OMCT). The complainant refers to the ACAT-France press release of 15 November 2010 entitled “Another parody of justice in Tunisia”. GE.13-45615