CAT/C/31/D/188/2001
Page 22
clear that the complainant maintains that his request for a medical examination in 1992 was
refused, and that the State party challenges this allegation on the grounds that the complainant
enjoyed appropriate care and proper medical supervision, as stipulated in the prison regulations,
throughout his stay in prison. The Committee observes that this response by the State party is
categorical and general and does not necessarily answer the complainant’s precise affirmation
that he asked the judge in 1992 to order a medical examination. Finally, the Committee refers to
its consideration of the report submitted by Tunisia in 1997, at which time it recommended that
the State party should arrange for medical examinations to be organized systematically when
allegations of abuse were made.
10.8 In the light of its practice relating to article 13 and the observations set out above, the
Committee considers that the breaches enumerated are incompatible with the obligation
stipulated in article 13 to proceed to a prompt investigation
10.9 Finally, the Committee considers that there are insufficient elements to make a finding
on the alleged violation of other provisions of the Convention raised by the complainant at the
time of adoption of this decision.
11.
The Committee against Torture, acting under article 22, paragraph 7, of the Convention,
is of the view that the facts before it disclose a violation of articles 12 and 13 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
12.
Pursuant to rule 112, paragraph 5 of its rules of procedure, the Committee urges the State
party to conduct an investigation into the complainant’s allegations of torture and ill-treatment,
and to inform it, within 90 days from the date of the transmittal of this decision, of the steps it
has taken in response to the views expressed above.
[Adopted in English, French, Russian and Spanish, the French text being the original version.
Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual report to
the General Assembly.]
--------
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents