CAT/C/31/D/188/2001
Page 16
8.6
Concerning the allegations relating to prison conditions, and in particular the comparison
of prisons to “concentration centres”, the State party considers them unfounded. Concerning the
arrangements for transfers between one prison and another, which the complainant considers to
constitute an abuse, the State party points out that, in keeping with the applicable regulations,
transfers are decided upon in the light of the different stages of the proceedings, the number of
cases and the courts which have competence for specific areas. The prisons are grouped in three
categories: for persons held awaiting trial; for persons serving custodial sentences; and semiopen prisons for persons found guilty of ordinary offences, which are authorized to organize
agricultural labour. According to the State party, as the status of the complainant had changed
from that of remand prisoner to that of a prisoner serving a custodial sentence, and bearing in
mind the requirements as to investigations in his case or in other similar cases, he was transferred
from one prison to another, in accordance with the applicable regulations. Moreover, the
conditions in which the complainant was held, wherever he was held, were in keeping with the
prison regulations governing conditions for holding prisoners in order to ensure prisoners’
physical and moral safety. The State party points out that prisoners’ rights are scrupulously
protected in Tunisia, without any discrimination, whatever the status of the prisoner, in a context
of respect for human dignity, in accordance with international standards and Tunisian legislation.
Medical, psychological and social supervision is provided, and family visits are allowed.
8.7
Contrary to the allegations that the medical consequences suffered by the complainant are
due to torture, the State party rejects any causal link. Moreover, according to the State party,
contrary to the complainant’s allegations that his request for a medical examination was refused
(see paragraph 2.15), he enjoyed appropriate care and proper medical supervision, as stipulated
in the prison regulations, throughout his stay in prison.
8.8
Concerning the allegations that he was denied visits, according to the State party the
complainant regularly received visits from his brother Belhassen Abdelli, in accordance with the
prison regulations, as demonstrated by the visitors’ records in the prisons in which he was held.
8.9
Concerning the allegations relating to article 11 of the Convention, the State party rejects
them and refers to systematic monitoring7 of compliance with rules, instructions, methods and
7
In addition to legislation, protective institutional machinery has been set up by stages, including surprise visits to
prisons by the Chairman of the Higher Committee for Human Rights and Fundamental Freedoms, and the creation
on 31 July 2000 of a post of “judge for the enforcement of sentences” who is responsible for closely mo nitoring the
enforcement of custodial sentences and conducting periodic visits to prisons.