CAT/C/31/D/188/2001
Page 17
practices of interrogation and provisions relating to the holding8 and treatment of persons who
have been arrested, detained or imprisoned.9
8.10 Concerning the allegations relating to administrative supervision and the social situation
of Mr. Abdelli’s family, the State party explains that administrative supervision cannot be
equated with ill-treatment under the Convention against Torture because it is in fact an additional
punishment for which provision is made in article 5 of the Criminal Code. According to the
State party, the application of this measure did not prevent the complainant from continuing to
live a normal life, and in particular to pursue his studies following his release in 1994. It is
pointed out that the fact that it was not possible for those studies to be completed could not
constitute proof of alleged restrictions imposed within the framework of administrative
supervision. According to the State party, the allegations of abuse are unfounded, and the
summonses produced by the complainant do not constitute ill-treatment or an abuse of the
administrative supervision procedure. In addition, the State party indicates that the summons
dating from 1998 constitutes irrefutable evidence that the complainant’s allegations are false. It
also maintains that the complainant’s family is not suffering from any form of harassment or
restrictions, that the complainant’s mother is receiving a pension following the death of her
husband, and that the family is living in decent circumstances.
Observations by the complainant :
9.1
In his observations dated 20 May 2003, the complainant sought to respond to each of the
points contained in the above observations by the State party.
9.2
Concerning the preventive arrangements for combating torture, the complainant
considers that the State party has confined itself to listing an arsenal of laws and measures of an
administrative and political nature which, he says, are not put into effect in any way. To support
this assertion he cites reports prepared by the non-governmental organization “National Council
for Fundamental Freedoms in Tunisia” (CNLT).10
8
Act No. 99-90 of 2 August 1999 amended and supplemented a number of provisions of the Code of Criminal
Procedure, and in particular reduced the length of police custody to three days, renewable once only for a further
three days. Under the Act, criminal investigation officers may not hold a suspect for more than three days; they
must notify the public prosecutor, who may, by written decision, extend the length of police custody once only for a
further three days. The criminal investigation officer must inform the suspect of the measure being taken against
him and its duration, and his rights under the law, notably the possibility of undergoing a medical examination
during his period in custody. The officer must also inform one of the suspect’s parents or children, brothers or
sisters or spouse, as selected by him, of the measure being taken against him. These safeguards were further
strengthened under the constitutional reform of 26 May 2002, which granted constitutional status to supervision of
police custody by the judiciary, stipulating that this custodial measure could be imposed only by order of a court.
9
The Act of 24 April 2001 on conditions for the imprisonment and treatment of detainees strengthened safeguards
for the protection of prisoners and provided for prisoners to be prepared for a working life by offering them
opportunities for paid employment.
10
« Le procès-Tournant : A propos des procès militaires de Bouchoucha et de Bab Saadoun en 1992 », October
1992 ; “Pour la réhabilitation de l’indépendance de la justice», April 2000- December 2001.