CAT/C/31/D/188/2001
Page 20
organizations,11 the complainant notes violations relating to the supervision of detention and
police custody, such as manipulation of the dates when arrests were recorded, and
incommunicado detention. He notes that the State party has not responded to his precise
allegations relating to his detention for over a month in 1987, for 56 days in 1991 and for 18
days in 1995.
9.14 In relation to the ENNAHDA movement, the complainant maintains that the organization
is well known for its democratic ideals and its opposition to dictatorship and impunity, contrary
to the State party’s explanations. In addition, he challenges the accusations of terrorism levelled
by the State party, which in fact form part of a complete fabrication.
9.15 Lastly, according to the complainant, the State party is endeavouring to place the entire
burden of proof on the victim, accusing him of inertia and failure to act, seeking protection
behind a panoply of legal measures which theoretically enable victims to lodge complaints and
evading its duty to ensure that those responsible for crimes, including that of torture, are
automatically prosecuted. According to the complainant, the State party is thus knowingly
ignoring the fact that international law and practice in relation to torture place greater emphasis
on the role of States and their duties in order to enable proceedings to be completed. The
complainant notes that the State party places the burden of proof on the victim alone, even
though the supporting evidence, such as legal files, registers of police custody and visits, and so
on, is in the sole hands of the State party and unavailable to the complainant. Referring to
European case law, 12 the complainant points out that the European Court and Commission call
on States parties, in the case of allegations of torture or ill-treatment, to conduct an effective
investigation into the allegations of ill-treatment and not to content themselves with citing the
theoretical arsenal of options available to the victim to lodge a complaint.
Consideration of the merits
10.1 The Committee examined the complaint, taking due account of all the information
provided to it by the parties, in accordance with article 22, paragraph 4, of the Convention.
10.2 The Committee took note of the State party’s observations of 3 April 2003 challenging
the admissibility of the complaint. It notes that the points raised by the State party are not such
as to prompt reconsideration of the Committee’s decision on admissibility, notably owing to the
lack of new or additional information from the State party on the matter of investigations
voluntarily carried out by the State party (see paragraph 7.2). The Committee therefore does not
consider that it should review its decision on admissibility.
10.3 The Committee therefore proceeds to examine the merits of the complaint, and notes that
the complainant alleges violations by the State party of article 1, article 2, paragraph 1, article 4,
article 5, article 11, article 12, article 13, article 14, article 15 and article 16 of the Convention.
11
Alternative report by FIDH to Tunisia’s second periodic report to the Committee against Torture; communiqué
issued on 20 February 2003 by the International Association for Support for Political Prisoners in Tunisia.
12
Guide to Jurisprudence on Torture and Ill-Treatment - Article 3 of the European Convention for the Protection of
Human Rights, Debra Long (APT); Ribitsch v. Austria; Assenov v. Bulgaria.
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