CAT/OP/TUN/2
(d)
Make the necessary resources available to develop and implement as
soon as possible initial and continuing training programmes so as to ensure that the
members of the mechanism possess the competencies and knowledge necessary in the
field of torture prevention to exercise their functions effectively, both individually and
collectively. In that regard, the Subcommittee and OHCHR are available to provide
all necessary support to strengthen the capacities of the members in question;
(e)
Revoke article 13 of the Act in order to ensure that it will not be
interpreted in such a way as to impede access by the members of the mechanism to
certain places of detention and thereby prevent them from effectively carrying out
their mandate.
III. Provisional and long-term operation of the national
preventive mechanism
11.
The Subcommittee can only welcome the fact that the mechanism was established
through the adoption of legislation, which to an extent guarantees its stability and
independence. It also welcomes the appointment by the Assembly of People’s
Representatives, on 29 and 30 March 2016,4 of 16 members of the National Authority for
the Prevention of Torture, making Tunisia the first country in the region to establish a
national mechanism for the prevention of torture. In that connection, the Subcommittee will
pay particular attention to the effective establishment of the mechanism and the launch of
its activities, and it may consider an early visit to follow up on the measures taken by the
mechanism to implement the recommendations made.
12.
The Subcommittee notes with satisfaction that the main tasks assigned to the
mechanism, defined under article 3 of the Act, are consistent with article 19 of the Optional
Protocol. Its members are responsible, inter alia, for carrying out regular and unannounced
visits to all places of detention, for making recommendations to the relevant authorities
with the aim of preventing torture, for providing advice on the texts of draft laws and
regulations related to the prevention of torture, for conducting awareness-raising campaigns,
for carrying out training programmes, for preparing and publishing research, studies and
reports in their fields of competence, and for receiving and considering complaints and
reports of possible cases of torture. The Subcommittee also welcomes the varied make-up
of the mechanism, which comprises six representatives of civil society, two university
lecturers, a child protection specialist, two lawyers, two judges (one of whom is retired) and
three doctors (including a psychiatrist).
13.
The Subcommittee notes with satisfaction that the formalities called for in Organic
Act No. 2013-43 have been carried out. Specifically, the mechanism has held its first
meeting to elect its Chair (art. 8); its members have been designated, with the publication of
their appointment in the Official Gazette; and they have sworn their oaths of office before
the Head of Government (art. 9).
14.
The mechanism needs to be able to develop its organizational structures and its
rules of procedure, in accordance with article 17 of the Act, and to adopt its strategy
and action plan independently so that its functional and operational independence is
guaranteed. In this regard, the mechanism should encourage the Government of
Tunisia to adopt the corresponding implementing decrees as soon as possible.
15.
The Subcommittee encourages the mechanism to assess the gaps that exist in
respect of torture prevention, particularly as regards the legislative framework and
monitoring the situation in places of deprivation of liberty, and to devise a strategy for
responding to its assessment in accordance with its mandate. This strategy should
establish criteria for prioritizing which places of deprivation of liberty are to receive
periodic inspections, based on the type and size of the facility, the seriousness of any
4
GE.17-13879
There were numerous delays in the selection procedure, mainly owing to a lack of candidates
presented to the parliamentary electoral commission for certain categories of expert called for in the
Act, and also because of the priority given by the Government to the adoption of the new Constitution
in January 2014 and to the election of the Assembly of People’s Representatives in October 2014.
5