examining magistrate and the court, where he
expressed his regret, stating that his action had given
rise to psychological problems due to a feeling of
guilt and the ghastly nature of the act. As for the
complainant’s statement that he had taken steps to
request a medical examination, without success, the
State party points out that an examination is not
ordered in response to a mere request, but requires
the presence of indications which would justify such
an examination. Accordingly the examining
magistrate had rejected the complainant’s request for
a medical examination, since, according to the State
party, the complainant displayed no obvious signs of
violence.
transferred from one prison to another, in accordance
with the applicable regulations. The conditions in
which the complainant was held, wherever he was
held, were in keeping with the prison regulations
governing conditions for holding prisoners in order
to ensure prisoners’ physical and moral safety. The
State party points out that prisoners’ rights are
scrupulously protected in Tunisia, without any
discrimination, whatever the status of the prisoner, in
a context of respect for human dignity, in accordance
with international standards and Tunisian legislation.
Medical, psychological and social supervision is
provided, and family visits are allowed. The State
party maintains that the conditions in which the
complainant was held were in keeping with Tunisian
regulations governing prison establishments, which
conform to relevant international standards.
8.6 Concerning the allegations relating to his
confession, the State party considers baseless the
complainant’s claim that he was found guilty on the
sole basis of his confession. It points out that, under
the last paragraph of article 69 and article 152 of the
Code of Criminal Procedure, a confession on the part
of the accused cannot relieve the judge of the
obligation to seek other evidence, while confessions,
like all items of evidence, are a matter for the
independent appreciation of the judge. On that basis,
it is a constant of Tunisian case law that an accused
cannot be found guilty on the sole basis of a
confession.10 Moreover, according to the State party,
the complainant’s allegation that he confessed under
torture his membership of the ENNAHDA
movement is contradicted by the certificate supplied
by Mr. Ltaief to the Swiss authorities in support of
his application for political asylum, since the
certificate, from the “leader of the ENNAHDA
movement”, confirmed his membership of the
“movement”.
8.8 Contrary to the allegations that the medical
consequences suffered by the complainant are due to
torture, the State party rejects any causal link. It
notes in particular that the medical certificate
recording a neuropsychiatric disorder, which was
produced by the complainant, dates from 29 July
1999, that is, some 10 years after the “incidents”.
The State party also cites the psychological problems
to which the complainant referred in court (para. 8.5).
In addition, according to the State party, the
complainant, contrary to his allegations, enjoyed
proper medical supervision and appropriate care
during his stay at the prison of Borj Erroumi.
8.9 Concerning the allegations that he was denied
visits, according to the State party the complainant
regularly received visits from his brothers, his uncle,
his father and his mother, in accordance with the
prison regulations, as demonstrated by the visitors’
records in the prisons in which he was held.
8.7 Concerning the allegations relating to prison
conditions, and in particular the arrangements for
transfers between one prison and another, which the
complainant considers an abuse, the State party
points out that, in keeping with the applicable
regulations, transfers are decided upon in the light of
the different stages of the proceedings, the number
of cases and the courts which have competence for
specific areas. The prisons are grouped in three
categories: for persons held awaiting trial; for
persons serving custodial sentences; and semi-open
prisons for persons found guilty of ordinary offences,
which are authorized to organize agricultural labour.
According to the State party, as the complainant had
changed his status from that of remand prisoner to
that of a prisoner serving a custodial sentence, and
bearing in mind the requirements as to investigations
in his case or in other similar cases, he was
8.10 Concerning the allegations relating to article
11 of the Convention, the State party rejects them
and refers to systematic monitoring11 of compliance
with rules, instructions, methods and practices of
interrogation and provisions relating to the holding12
11
In addition to legislation, protective institutional
machinery has been set up by stages, including surprise
visits to prisons by the Chairman of the Higher Committee
for Human Rights and Fundamental Freedoms, and the
creation on 31 July 2000 of a post of “judge for the
enforcement of sentences” who is responsible for closely
monitoring the enforcement of custodial sentences and
conducting periodic visits to prisons.
12
Act N° 99-90 of 2 August 1999 amended and
supplemented a number of provisions of the Code of
Criminal Procedure, and in particular reduced the length
of police custody to three days, renewable once only for a
further three days. Under the Act, criminal investigation
officers may not hold a suspect for more than three days;
they must notify the public prosecutor, who may, by
written decision, extend the length of police custody once
only for a further three days. The criminal investigation
10
Judgement N° 4692 of 30 July 1996, published in the
Revue de Jurisprudence et Législation (R.J.L.); judgement
N° 8616 of 25 February 1974 R.J.L. 1975; and judgement
N° 7943 of 3 September 1973 R.J.L. 1974.
141
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