CAT/C/31/D/188/2001
Page 10
5.1
In a letter of 7 May 2002, the complainant challenged the State party’s argument that he
was supposedly unwilling to turn to the Tunisian justice system and make use of domestic
remedies.
5.2
The complainant believes that the recourse procedures are excessively protracted.
He notes, in this context, that the appeal procedure against his conviction in 1995
comprised 18 sessions, lasting from June 1995 to the end of May 1996. According to the
complainant, these delays were entirely due to the authorities, who repeatedly postponed
consideration of his appeal because they were embarrassed to have to convict a person - who, to
make matters worse, was a political opponent - for illegally attempting to leave the country. He
says that this conviction would in itself be harmful to the image of the regime and that this made
it harder to hand down a stiff sentence. He believes that this delay in a simple appeal procedure
demonstrates that the lodging of a complaint of torture - even assuming that such a complaint
would be accepted - would be an even more protracted process. The complainant also describes
how, when his name appeared in various reports by non-governmental organizations, including
after his conviction in 1995, the authorities reacted by worsening the conditions in which he was
held, subjecting him to mental and corporal punishment and transferring him to prisons far from
his family home, and harassing his family, who were placed under stricter supervision. In
support of his arguments, he cites the case of Mr. Abderraouf Khémais Ben Sadok Laribi, who
died in police custody as a result of ill-treatment. According to the complainant, even though the
dead man’s family lodged a complaint of intentional homicide against the Minister of the Interior
on 9 August 1991, and even though the case received extensive media coverage, as a result of
which his family received material compensation and an interview was granted with an adviser
of the President, the case was closed without any effective investigation, while the minister in
office at the time was given full protection by the Government.
5.3
The complainant also believes that the recourse procedures would not lead to any
satisfactory remedies. He enumerates the efforts he made, to no avail, in 1992 to seek a medical
examination and, in 1995, to secure protection from the judicial authorities against the illtreatment to which he was being subjected. For that reason, it seemed unlikely to the
complainant that he would obtain satisfaction from the judicial authorities. The complainant
explains that his case with the magistrate was not an isolated instance and, in that context,
submits an extract from a report by the Tunisian Committee for Human Rights and Freedoms.
He maintains that the judicial system is not independent and gave him no protection when he
was convicted in 1992 and 1995. He says that he has been a victim of the “culture of torture” in
Tunisia and that it was psychologically very difficult for him to submit his complaint to the
Committee against Torture for fear of reprisals against his family. He adds, lastly, that his
hunger strikes against his ill-treatment failed to bring any results, apart from some material
concessions. Similarly, the letters he wrote to the administration of the prisons following these
hunger strikes also proved unavailing. In addition, the transfer of the prison service to the
Ministry of Justice has done nothing to change the complicity of the service in such practices.
The complainant cites extracts from reports by the International Federation for Human Rights
and the Tunisian Committee for Human Rights and Freedoms in support of his observation that
complaints of torture do not succeed and that the authorities exert pressure to prevent the lodging
of such complaints. He also maintains that the administrative supervision under which he was
placed, which involved constant supervision by eight different authorities, accompanied by acts
of intimidation, meant that lodging a complaint would have placed him in danger.