5.7
The State party maintains that the alleged victim's beneficiaries are completely free to avail themselves
of the domestic remedies before the Tunisian courts without the risk of any threat or act of reprisal, contrary
to the author's allegations. However, although they instructed a lawyer to defend their interests before the
Tunisian courts, they have shown no interest in taking this matter outside the domestic channels of recourse.
Comments by the author
6.1
The author refers to the Committee's request to the State party to ensure the safety of the witnesses and
their families and notes that the wife of one of the witnesses has been in prison since 23 May 1996 on political
charges relating to meetings allegedly held in 1989, even though she is a simple housewife.
6.2
The author denies belonging to an extremist movement or acting on behalf of anyone except Jamel
Baraket and his family. He has presented the Committee with a power of attorney dated 5 December 1994,
signed by the victim's father and confirmed on 7 November 1995 by the brother when the father's health had
deteriorated. He maintains that Jamel Baraket is the person legally responsible for his family, that he has a
close relationship with him, that Jamel's letters are authentic and that the State party has not proved the
documents to be forgeries.
6.3
The author emphasizes the fact that domestic remedies cannot be exhausted because of the risk of
reprisals. He refers to the inquiries that have been opened and subsequently closed by the Office of the Public
Prosecutor and claims that no serious criminal proceedings were ever instituted.
6.4
With regard to the civil proceedings, the author points out that, by law, in order to lodge an appeal
against the State Litigation Department under the terms of the legislation concerning the Compensation Fund
for the Victims of Road Accidents, anyone filing a complaint against an unidentified culprit must first of all:
(i) have filed a claim for damages with the Fund not later than one year after the accident in question; (ii) have
reached a settlement with the Fund or, failing such settlement, have filed a complaint against it. In the case in
question, in the absence of a complaint or a judgement no prosecution was possible.
6.5
He also claims that the father did not commission any lawyer and that the family, including his client
Jamel Baraket, never recognized the action for damages that was brought on behalf of Mr. Hedi Baraket.
However, they were forced to put up with it in order to protect themselves against the reactions of those who
had brought the action in their name with a view to presenting it to the Committee as an operative domestic
remedy. The author notes that, in practice, proceedings of that type very rarely succeed and, when they do, it
is only after many years. However, the Baraket case was heard in two years, including the appeal, which is
astonishing.
Decision of the Committee on admissibility
7.1
The Committee considered the admissibility of the communication at its nineteenth session and by its
decision of 17 November 1997 found it to be admissible.
7.2
The Committee referred to article 22, paragraph 1, of the Convention and to rule 107, paragraph 1 (b),
of its rules of procedure, which allow a communication to be submitted on behalf of an alleged victim if the
author can justify acting on his behalf. The Committee found that the author, having submitted a written
authorization signed by the brother of the alleged victim, had duly established his right to represent the alleged
victim's family before the Committee. In this regard, the Committee noted that the State party had expressed
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