E/CN.4/1992/17
page 81
237. On 16 December 1991 the Government informed the Special Rapporteur, with
respect to Mr. Abderraouf Laaribi that he had not been arrested or placed in
police custody. A judicial inquiry has been initiated to determine the cause
of his death.
238. On 18 October 1991 the Special Rapporteur sent a letter to the Government
of Tunisia transmitting information received concerning Al-Ajami al-Wureimi,
Sadiq Shouru, Abdul Majid al-Zar and Ali Sneitir, members of the al-Nahda
Islamic movement, who were allegedly arrested by officers of the security
forces and subjected to torture. Al-Ajami al-Wureimi, who was a member of the
movement's executive was reportedly suffering from mental illness as a result
of torture.
239. The case of another member of the same movement, Mr. Fathi Khiari, who
died in detention, was also brought to the attention of the Government.
Mr. Khiari, aged 33 and a public official in the Post Office Department, was
arrested on 16 July 1991 by policemen, who did not produce an arrest warrant.
Neither the family nor his lawyer was able to obtain any information
concerning his legal situation or his whereabouts and, on 5 August 1991, they
were informed of his death. Worse still, they were not allowed to examine the
body and no medical certificate or autopsy report was issued to them. In the
circumstances, and considering the widespread allegations of ill-treatment
during police custody, fears were expressed that Mr. Khiari might have died as
a result of torture.
240. On 16 December 1991 the Government said that the cases concerning
Mr. Sadok Chourou, Mr. Ali Sneitir and Mr. Abdelmajid El-Zar were being
examined. They were arrested on 29 June 1991, 18 June 1991, and 10 July 1991
respectively and brought before the military court on 8 July 1991,
28 June 1991 and 17 July 1991. Mr. Sadok Chourou was accused of high treason,
acting against the internal security of the State, stealing official documents
and inciting soldiers to join an illegal organization. In the case of
Mr. F. Khiari, the information available established that he was in fact
dead. A judicial inquiry was initiated to determine the cause of his death.
241. In its above-mentioned letter of 16 December 1991 the Government of
Tunisia informed the Special Rapporteur that measures had been adopted and
implemented with a view to:
(a) Placing a limit on police custody and pre-trial detention. Since
Act No. 87-70 of 26 November 1991 was passed the period of police custody has
been restricted to four days, which may be extended for an equal period after
written authorization from the Government Prosecutor and for two more days if
absolutely necessary (Code of Criminal Procedure, art. 12). In addition,
officers of the judicial police must, at stations where persons are held in
police custody keep a special register with suitable space to enter the
identities of the persons being held and must indicate the day and the time
when the period of custody begins and ends. Similarly, the person being held
in police custody or one of his ascendants, descendants, brothers, sisters or
spouse may request a medical examination at the end of the period of police
custody. Mention shall be made of this request in the report which must be
signed by the person who was held in custody. Pre-trial detention, which is
ordered by the examining magistrate, is restricted to six months, although the
magistrate must respond within four days to any request for release on bail;
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