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
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