9.4 Concerning the practice of torture and
impunity, the complainant maintains that torturers do
enjoy impunity, and that in particular no serious
investigation has been carried out into those
suspected of committing crimes of torture. He
considers that, in his own case, the State party’s
observations display a selective approach to the facts
by shifting from 1987 to 1996, whereas the most
serious violations occurred in 1991. The complainant
also states that, whereas a State governed by the rule
of law should automatically follow up any report of
a criminal act which may be regarded as a serious
offence, the Tunisian authorities are content to
accuse the alleged victims of terrorism and
manipulation. The complainant considers that his
allegations are at the very least plausible in terms of
the detail of the torture he suffered (names, places
and treatment inflicted), but the State party contents
itself with a blanket denial. The complainant did not
mention torturers because of their membership of the
security forces, but because of specific and repeated
attacks on his physical and moral integrity and his
private and family life. The initiation of an
investigation designed to check whether a person
belonging to the security forces has committed acts
of torture or other acts does not constitute a violation
of the presumption of innocence but a legal step
which is vital in order to investigate a case and, if
appropriate, place it before the judicial authorities
for decision. In relation to appeals before the courts,
the complainant considers that the State party has
confined itself to repeating the description of legal
options open to victims set out in its previous
submissions without responding to the last two
sentences of paragraph 7.2 of the decision on
admissibility. He reiterates that the theoretical legal
options described by the State party are inoperative,
while listing in support of this conclusion cases in
which the rights of the victims were ignored.
used in political trials and sometimes in trials
involving offences under ordinary law. Concerning
the length of the trials, the complainant states that
the 1992 trial was summary in nature because it
formed part of a spate of trials aimed at putting as
many members of the ENNAHDA movement as
possible behind bars, while the 1995 trial was
protracted since the lawyers insisted on the principle
of double jeopardy. The complainant also notes that
the State party is silent about his arrest a few months
after the Presidential pardon of 1987.
9.8 Concerning the conditions in which he was
held, the complainant considers that the State party
is taking refuge behind legal texts in order to dismiss
the detailed information he provides. He points out
that the question of transferring him for the purposes
of the investigation never arose, and calls on the
State party to prove the contrary.
9.9 In relation to visits, the complainant explains
that each time he was transferred, his family had
difficulty discovering his new place of detention. He
considers that denial of visits constituted a form of
revenge against him each time he sought to exercise
a right and took action to that end, for example in the
form of hunger strikes. He points out that the prison
entry and exit logs can confirm his claims. In
addition, the complainant’s family found it difficult
to exercise the right to visit him because of the
conditions
imposed
on
the
visitors—the
complainant’s mother was ill-treated to make her
remove her scarf, and was made to wait many hours
for a visit lasting a few minutes.
9.10 Concerning the allegations relating to the
provision of care, the complainant draws the
Committee’s attention to the medical certificate
contained in his file. Concerning the treatment cited
by the State party, the complainant demands the
production of his medical file by the State party.
9.5 Concerning the complainant’s inertia and lack
of action, he considers that the State party is
inconsistent in holding that acts of torture are
regarded as serious offences in Tunisian law and
accordingly prosecuted automatically, while
awaiting a complaint by the victim before taking
action. He also re-emphasizes his serious efforts to
demand a medical examination and an investigation
into the torture he had suffered.
9.11 In relation to administrative supervision, the
complainant considers that any punishment,
including those provided for in the Tunisian
Criminal Code, may be characterized as inhuman
and degrading if the goal pursued does not include
the reconciliation of the offender with his social
environment. He points out in particular that his
resumption of his studies prompted a tightening of
the administrative supervision, including imposition
of an obligation to report to the police twice a day,
insistent surveillance by the university police and a
ban on contacts with the other students. Concerning
his summonses, the complainant states that the three
years which elapsed between his two summonses in
1995 and 1998 corresponded to the period he spent
in prison after being arrested again in 1995.
According to the complainant, administrative
supervision serves only to bolster the police’s
9.6 Concerning the allegations relating to the trial,
the complainant considers that the State party
remains silent concerning the conditions in which his
trial took place, and has failed to embark on any
investigation to check the allegations of torture that
he made before the judge.
9.7 Concerning the allegations relating to his
confession, the complainant maintains that his
confession was extracted under torture, and, citing
the reports of CNLT, states that such methods are
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