Torture mentioned above. Lastly, citing extracts
from reports by the Tunisian Committee for Human
Rights and Freedoms and Amnesty International in
particular, he draws attention to the immunity
enjoyed by officials involved in acts of torture, some
of whom have even been promoted. The
complainant adds that Tunisia has helped Tunisian
officials evade arrest warrants issued against them
abroad on the basis of complaints by victims of
torture
7.2 With regard to the issue of the exhaustion of
domestic remedies, the Committee noted that the
State party challenged the admissibility of the
complaint on the grounds that the available and
effective domestic remedies had not been exhausted.
In the present case, the Committee noted that the
State party had provided a detailed description both
of the remedies available, under law, to any
complainant and of cases where such remedies had
been applied against those responsible for abuses
and for violations of the law. The Committee
considered, nevertheless, that the State party had not
sufficiently demonstrated the relevance of its
arguments to the specific circumstances of the case
of this complainant, who claims to have suffered
violations of his rights. It made clear that it did not
doubt the information provided by the State party
about members of the security forces being
prosecuted and convicted for a variety of abuses. But
the Committee pointed out that it could not lose sight
of the fact that the case at issue dates from 1987 and
that, given a statute of limitations of 10 years, the
question arose of whether, failing interruption or
suspension of the statute of limitations—a matter on
which the State party had provided no information—
action before the Tunisian courts would be
disallowed. The Committee noted, moreover, that
the complainant’s allegations related to facts that had
already been reported to the authorities. The
Committee pointed out that to date it remained
unaware of any investigations voluntarily undertaken
by the State party. The Committee therefore
considered it very unlikely in the present case that
the complainant would obtain satisfaction by
exhausting domestic remedies, and decided to
proceed in accordance with article 22, paragraph 5
(b), of the Convention.
5.10 Finally, the complainant rejects the comments
by the State party characterizing his complaint as an
abuse of rights. He says that, with its references in
this context to political commitment and terrorism,
the State party is demonstrating its bias and, by
extension, the impossibility of obtaining any remedy
in Tunisia. The complainant also stresses that the
prohibition of torture and inhuman or degrading
treatment is a provision which admits of no
exception, including for terrorists. He believes that,
in its response to this complaint, the State party is
resorting to a political manoeuvre which has no legal
relevance and which constitutes an abuse of rights.
Additional State party admissibility information
6.
On 8 November 2002, the State party again
challenged the admissibility of the complaint. It
maintains that the complainant’s claims about
recourse to the Tunisian justice system and the use
of domestic remedies are baseless and unsupported
by any evidence. It affirms that appeal procedures do
not take an unreasonable time, and that proceedings
in respect of the allegations made in the complaint
are not time-barred, since the time limit for bringing
proceedings in such cases is 10 years. Contrary to
what the complainant alleges, the State party says
that he can instruct a lawyer of his choice to lodge a
complaint from abroad. It adds that the
complainant’s claims that a complaint lodged from
abroad with the Tunisian authorities might be
covered by article 305, paragraph 3, of the Code of
Criminal Procedure, which permits the prosecution
of those guilty of terrorist acts, are baseless. The
State party maintains that domestic remedies before
the Tunisian judicial authorities are not only possible
in the current case but indeed effective, as shown by
the fact that victims of violations in Tunisia have
obtained satisfaction. Fourth, the State party argues
that the complainant is abusing the right to lodge
complaints by seeking to misrepresent and distort the
points made in the State party’s response of 4
December 2001.
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.
7.4 Lastly, the Committee ascertained, as it is
required to do under article 22, paragraph 5 (a), of
the Convention, that the same matter has not been
and is not being examined under another procedure
of international investigation or settlement.
Committee’s admissibility decision
7.1 At its twenty-ninth session, the Committee
considered the admissibility of the complaint, and on
20 November 2002 declared it admissible.
139
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