CAT/OP/TUN/2 institutions in order to encourage the establishment of a consultation framework to facilitate information exchange and coordinated action. 27. The Subcommittee notes the drafting of a bill to establish a new, independent national human rights institution fully compliant with the Paris Principles and equipped to perform the functions assigned to it in article 128 of the 2014 Constitution, including in particular promoting and protecting human rights and freedoms, drafting proposals to develop the human rights system, issuing legal opinions on draft legislation relating to its field of competence and investigating cases of human rights violations, with a view to resolving them or referring them to the competent authorities. The Subcommittee notes, however, that articles 11 and 12 of the bill would allow the institution to carry out regular and unannounced visits to all places of detention and would call upon all the authorities concerned to facilitate its activities under its mandate to prevent torture. Although articles 4 and 21 of the bill emphasize the importance of cooperation and coordination between the national human rights institution and other human rights institutions, in particular the mechanism, the Subcommittee remains concerned about the overlap between the mandates of the two bodies (both of which would have a dual function of preventing torture and dealing with complaints) and about the risk of confusion and conflicting activities that may result. 28. The Subcommittee encourages the mechanism to explore the various potential means of cooperation and coordination with the national human rights institution in order to ensure that their activities are coherent and complementary and avoid duplication, to clarify their respective mandates for stakeholders, beneficiaries and the authorities, and to enhance the effectiveness and credibility of the institutions concerned and, more generally, the national system for the prevention of torture. In particular, the Subcommittee recommends that the mechanism prioritize its preventive mandate, leaving the task of receiving and dealing with complaints of torture to the national human rights institution. The mechanism should also be able to participate in the drafting of legislation concerning that body. The Subcommittee also wishes to draw the mechanism’s attention to the possibility of concluding a memorandum of understanding or establishing a system of referrals between the two bodies (allowing the mechanism to refer cases of torture to the national human rights institution) or even of creating a shared database. 29. While welcoming the adoption of Organic Act No. 2013-53 in December 2013 on transitional justice and the related organizational arrangements, the Subcommittee would like to draw attention to the broad scope of the Truth and Dignity Commission’s mandate. It notes with concern that this Act gives the Commission just five years to determine the truth about violations committed over nearly 60 years, and that the Commission has already received nearly 30,000 complaints, including some 20,000 relating to torture and illtreatment. The Subcommittee is also concerned about the fact that the budget allocated for the Commission is not sufficient to enable it to carry out its mandate. 30. The Subcommittee encourages the mechanism to lobby the Government in order to make it aware that complaints of torture and ill-treatment received by the Truth and Dignity Commission will have to be transferred, when its mandate expires, to the criminal courts specializing in transitional justice established pursuant to Decree No. 2014-2887 of 8 August 2014, so as to ensure that all perpetrators of acts of torture committed during the period covered by the transitional justice law are brought to justice and that victims have access to adequate reparation. V. Relations with civil society 31. The Subcommittee notes with satisfaction the agreements reached between the Government of Tunisia and various national and international agencies to strengthen the monitoring of places of detention, especially those concluded with the International Committee of the Red Cross and OHCHR, in 2005 and 2011 respectively, and the adoption in December 2012 of nine memorandums of understanding on prison visits with several national human rights organizations. The Subcommittee also notes with satisfaction the 8 GE.17-13879

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