E/CN.4/1992/17
page 80
(1) Hedi Ben Alíala Bejami, arrested on 9 April 1990 in H a m . He was
said to have been subjected, inter alia, to sexual assault and electric shocks
and excrement was forced into his mouth. A medical certificate reportedly
confirmed his allegations of torture;
(m) Raouf Mthlouti, aged 11, arrested in June 1990 on charges of theft.
He was reportedly beaten in the Ariana police station and a medical examination
confirmed his allegations;
(n) Monji Jouini, arrested on 19 December 1990. According to other
prisoners released subsequently, he was beaten up and tortured and as a result
was suffering from multiple injuries and his toes were broken.
235. On 30 May 1991 the Government sent the Special Rapporteur several
documents on the subject of the promotion of human rights and fundamental
freedoms in Tunisia. One document from the Ministry of the Interior concerned
a ban on torture; one document from the Ministry of Education and Scientific
Research was on a number of subjects introduced into the school curricula.
The documents also included the text of a decree of 7 January 1991 concerning
the Higher Committee for Human Rights and Fundamental Freedoms, as well as the
text of Act No. 70 of 26 November 1987 concerning the amendment to certain
articles of the Code of Criminal Procedure. Nevertheless, no information was
provided on the specific cases mentioned in the letter by the Special
Rapporteur.
236. On 6 August 1991 the Special Rapporteur sent a letter to the Government
of Tunisia transmitting information alleging further cases of torture and
ill—treatment that had been brought to his attention. Some cases of death
from torture in detention were also communicated. They involved prisoners who
were members of the illegal Islamic organization, Hizb al-Nahda. People were
reportedly tortured, in particular while they were in police custody, and they
were denied any communication with their lawyers or their families. The
following persons are among those who were reportedly subjected to torture or
ill-treatment during the period April to June 1991:
(a) Abdelaziz Ben Hamuda Mahuashi: He was arrested on 21 April 1991 and
his family was only informed on 30 April 1991, when they were told of his
death. According to the Ministry of Defence, he suffered a heart attack, but
according to the sources from the Habib Thameur military hospital to which he
was taken, he was already dead on arrival. No death certificate, autopsy
report or medical document was supplied to the family stating the cause of his
death;
(b) Abdel Raouf Laaribi: He was arrested on 3 May 1991 and was kept
in police custody in the Ministry of the Interior, until he died on 26 or
27 May 1991. His family was not allowed to visit him while he was in
custody. According to the Tunisian authorities, he died as the result of a
heart attack but the family received no medical certificate. The family was
asked to bury his body immediately, thus avoiding any autopsy that would have
determined the cause of death. According to the source, Mr. Laaribi was
tortured while he was in custody and died under torture.
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