CAT/OP/TUN/2
election within the mechanism of four members from civil society to serve on the national
monitoring team for places of detention. It is, however, concerned about information
provided by the Government of Tunisia that memorandums of understanding between the
Ministry of Justice and relevant civil society organizations would terminate once the
mechanism was set up, which could seriously restrict access by such organizations to places
of detention and compromise their role as monitors in preventing torture.
32.
The Subcommittee emphasizes that it is important to have a number of parties
working to prevent and combat torture and a variety of monitoring and oversight
mechanisms at different levels. It recalls, however, the need to consider the ways in
which the different bodies can coordinate and cooperate with one another to ensure
that their activities are coherent and complementary and to avoid duplication. In this
sense, the Subcommittee considers that the work of the mechanism should
complement, rather than replace, the work done by the monitoring mechanisms
already in place in the country, including those established by civil society. In this
regard, it encourages the mechanism to support international and national human
rights organizations in lobbying the Government of Tunisia to guarantee them
continuing access to places of detention and to enable them to pursue their monitoring
and oversight activities, notably by renewing the memorandums of understanding
between the Ministry of Justice and the organizations in question.
33.
The mechanism should work closely with civil society organizations in carrying
out its functions, in particular by ensuring that visits to places of detention cover the
entire national territory, but also by organizing awareness campaigns and training
activities for the prevention of torture.
34.
The Subcommittee recommends that the mechanism take all necessary
measures to expand its network of potential partners relevant to its mandate of
preventing torture, including civil society organizations, in order to ensure solid
cooperation and coordination in their respective activities. In addition, civil society
organizations could play a role as observers of the mechanism, monitoring and
regularly evaluating its work in order to ensure that it properly carries out its
mandate of preventing torture.
VI. Measures to raise awareness of the national preventive
mechanism and increase its visibility
35.
The Subcommittee is concerned about the lack of awareness-raising measures and
training programmes on the absolute prohibition on torture for law enforcement officers,
prison staff, officials of the justice system, gendarmes, health professionals, members of the
armed forces, representatives of relevant government bodies and non-governmental
organizations, and the public. Additionally, while the Subcommittee is aware that the
mechanism is a recent addition among Tunisian human rights institutions, it fears that the
mechanism’s potential lack of visibility could jeopardize the implementation of its
recommendations by the competent authorities, as provided for in article 22 of the Optional
Protocol.
36.
The Subcommittee recommends that the mechanism carry out awarenessraising campaigns and participate in training for law enforcement officers, prison
staff, officials of the justice system, gendarmes, health professionals, members of the
armed forces, representatives of relevant government bodies and non-governmental
organizations, and the public, so as to unequivocally reaffirm the absolute prohibition
on torture and to publicly make it known that anyone committing such acts, complicit
in them or tacitly authorizing them will be held personally responsible before the law.
The mechanism should also encourage the highest State authorities to conduct a
comprehensive, public zero-tolerance campaign against torture so as to break once
and for all with the practices of the past.
37.
The Subcommittee recommends that the mechanism lobby the State party to
ensure that it is recognized as a key player in the system for the prevention of torture
in Tunisia and that it is granted the appropriate institutional visibility to carry out its
GE.17-13879
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