CAT/C/31/D/188/2001
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obtain satisfaction by exhausting domestic remedies, and decided to proceed in accordance with
article 22, paragraph 5 (b), of the Convention.
7.3
The Committee noted, in addition, the argument by the State party to the effect that the
complainant’s claim was tantamount to abuse of the right to lodge a complaint. The Committee
considered that any report of torture was a serious matter and that only through consideration of
the merits could it be determined whether or not the allegations were defamatory. Furthermore,
the Committee believed that the complainant’s political and partisan commitment adduced by the
State party did not impede consideration of this complaint, in accordance with the provisions of
article 22, paragraph 2, of the Convention.
State party’s observations on the merits
8.1
In its observations of 3 April 2003 and 25 September 2003, the State party challenges the
complainant’s allegations and reiterates its position regarding admissibility.
8.2
In relation to the allegations concerning the State party’s “complicity” and inertia vis-àvis “practices of torture”, the State party indicates that it has set up preventive 2 and dissuasive3
machinery to combat torture so as to prevent any act which might violate the dignity and
physical integrity of any individual.
8.3
Concerning the allegations relating to the “practice of torture” and the “impunity of the
perpetrators of torture”, the State party considers that the complainant has not presented any
evidence to support his claims. It emphasizes that, contrary to the complainant’s allegations,
Tunisia has taken all necessary legal and practical steps, in judicial and administrative bodies, to
prevent the practice of torture and prosecute any offenders, in accordance with articles 4, 5 and
13 of the Convention. Equally, according to the State party, the complainant has offered no
grounds for his inertia and failure to act to take advantage of the effective legal opportunities
available to him to bring his case before the judicial and administrative authorities (see
paragraph 6.1). Concerning the Committee’s decision on admissibility, the State party
emphasizes that the complainant cites not only “incidents” dating back to 1987, but also
“incidents” dating from 1995, 1996 and 1997, that is, a time when the Convention against
Torture was fully incorporated into Tunisian domestic law and when he reports “ill-treatment”
that he claims to have suffered while being held in “Tunis central prison” and “Grombalia
prison”. Hence the statute of limitations has not expired, and the complainant should urgently
act to interrupt the limitation period, either by contacting the judicial authorities directly, or by
2
This includes instruction in human rights values in training schools for the security forces, the Higher Institute of
the Judiciary and the National School for training and retraining of staff and supervisors in prisons and correctional
institutions; a human-rights-related code of conduct aimed at senior law enforcement officials; and the transfer of
responsibility for prisons and correctional institutions from the Ministry of the Interior to the Ministry of Justice and
Human Rights.
3
A legislative reference system has been set up: contrary to the complainant’s allegation that the Tunisian
authorities have not criminalized acts of torture, the State party indicates that it has ratified the Convention against
Torture without reservations, and that the Convention forms an integral part of Tunisian domestic law and may be
invoked before the courts. The provisions of criminal law relating to torture are severe and precise (Criminal Code,
art. 101 bis).