CAT/C/31/D/188/2001
Page 13
5.14 Finally, in the light of his previous explanations, the complainant rejects the observation
by the State party to the effect that the present complaint constitutes an abuse of the right to
submit complaints, an argument which, the complainant believes, shows that the State party has
decided to resort to a political manoeuvre which has no legal relevance.
Additional observations from the State party on admissibility
6.1
On 8 November 2002 the State party again challenged the admissibility of the complaint.
It maintains, first, that the complainant’s claims about recourse to the Tunisian justice system
and the use of domestic remedies are baseless and unsupported by any evidence. It adds that
appeal procedures do not take an unreasonable time, and that proceedings in respect of the
allegations made in the complaint are not time-barred, since the time-limit for bringing
proceedings in such cases is 10 years. Second, the State party considers that the complainant’s
claims that a complaint lodged from abroad with the Tunisian authorities is might be covered by
article 305, paragraph 3, of the Code of Criminal Procedure, which permits the prosecution of
those guilty of terrorist acts, are baseless. Third, the State party affirms that, contrary to the
complainant’s allegations, it is open to him to instruct a lawyer of his choice to lodge a
complaint from abroad. The State party adds that the complainant’s refugee status does not
deprive him of his right to lay complaints before the Tunisian courts. Fourth, it maintains that
domestic remedies before the Tunisian judicial authorities are not only possible in the current
case but effective, as shown by the fact that victims of violations in Tunisia have obtained
satisfaction. Lastly, the State party indicates that its reply of 4 December 2001 was not intended
to be defamatory to the complainant, who is, nonetheless, abusing the right to submit complaints.
Committee’s decision on admissibility
7.1
At its twenty-ninth session, the Committee considered the admissibility of the complaint,
and in a decision of 20 November 2002 declared it admissible.
7.2
With regard to the issue of the exhaustion of domestic remedies, the Committee noted
that the State party challenged the admissibility of the complaint on the grounds that available
and effective domestic remedies had not been exhausted. In the present case, the Committee
noted that the State party had provided a detailed description both of the remedies available,
under law, to any complainant and of cases where such remedies had been applied against those
responsible for abuses and for violations of the law. The Committee considered, nevertheless,
that the State party had not sufficiently demonstrated the relevance of its arguments to the
specific circumstances of the case of this complainant, who claims to have suffered violations of
his rights. It made clear that it did not doubt the information provided by the State party about
members of the security forces being prosecuted and convicted for a variety of abuses. But the
Committee pointed out that it could not lose sight of the fact that the case at issue dates from
1987 and that, given a statute of limitations of 10 years, the question arose in the present case of
whether, failing interruption or suspension of the statute of limitations - a matter on which the
State party had provided no information - action before the Tunisian courts would be disallowed.
The Committee noted, moreover, that the complainant’s allegations related to facts that had
already been reported publicly to the authorities. The Committee pointed out that to date it
remained unaware of any investigations voluntarily undertaken by the State party. The
Committee therefore considered it very unlikely in the present case that the complainant would