Article 4. It is alleged that the State party has
not ensured that all the acts of torture to which
the complainant has been subjected are
offences under its criminal law.
alleged to be, and characterized as, serious offences
is 10 years.
4.2 The State party explains that, under the
criminal justice system, the complainant may submit
a complaint, from within Tunisia or abroad, to a
representative of the Public Prosecutor’s Office with
jurisdiction in the area in question. He may also
authorize a Tunisian lawyer of his own choice to
submit such a complaint or request a foreign lawyer
to do so with the assistance of a Tunisian colleague.
Article 5. It is alleged that the State party has
instituted no legal proceedings against those
responsible for torturing the complainant.
Article 11. It is alleged that the authorities
have not used their supervisory powers to
prevent torture; instead, specific instructions
have been given that torture is to be applied.
4.3 Under the same rules of criminal procedure,
the Public Prosecutor will receive the said complaint
and institute a judicial inquiry. In accordance with
article 53 of the Code of Criminal Procedure, the
examining magistrate to whom the case is referred
will hear the author of the complaint. In the light of
this hearing, he may decide to hear witnesses,
question suspects, undertake on-site investigations
and seize physical evidence. He may also order
expert studies and carry out any actions which he
deems necessary for the uncovering of evidence,
both in favour of and against the complainant, with a
view to discovering the truth and verifying facts on
which the trial court will be able to base its decision.
Article 12. It is alleged that the State party has
not carried out an investigation of the acts of
torture committed against the complainant.
Article 13. It is alleged that the State party has
not effectively upheld the complainant’s right
to lodge a complaint with the competent
authorities.
Article 14. It is alleged that the State party has
ignored the complainant’s right to make a
complaint and has thereby deprived him of his
right to redress and rehabilitation.
Article 15. It is alleged that the complainant
was sentenced in 1992 and 1995 to prison
sentences on the basis of confessions obtained
as a result of torture.
4.4 The State party explains that the complainant
may, in addition, lodge with the examining
magistrate during the pretrial proceedings an
application for criminal indemnification for any
harm suffered, over and above the criminal charges
brought against those responsible for the offences
against him.
Article 16. The repressive measures and
practices described above, such as solitary
confinement, violation of the right to medical
care and medicine and the right to send and
receive mail, restriction of family visits, house
arrest and harassment of his family, applied by
the State party against the complainant
constitute cruel, inhuman and degrading
treatment or punishment.
4.5 If the examining magistrate deems that the
public right of action is not exercisable, that the acts
do not constitute a violation or that there is no prima
facie case against the accused, he shall rule that there
are no grounds for prosecution. If, on the other hand,
the magistrate deems that the acts constitute an
offence punishable by imprisonment, he shall send
the accused before a competent court—which in the
present instance, where a serious offence has been
committed, would be the indictment chamber. All
rulings by the examining magistrate are immediately
communicated to all the parties to the proceedings,
including the complainant who brought the criminal
indemnification proceedings. Having been thus
notified within a period of 48 hours, the complainant
may, within four days, lodge an appeal against any
ruling prejudicial to his interests. This appeal,
submitted in writing or orally, is received by the
clerk of the court. If there is prima facie evidence of
the commission of an offence, the indictment
chamber sends the accused before the competent
court (criminal court or criminal division of a court
of first instance), having given rulings on all the
counts established during the proceedings. If it
chooses, it may also order further information to be
provided by one of its assessors or by the examining
3.2 The complainant also alleges that his right to
practise his religion while in detention, his freedom
of movement and his right to work were infringed by
the administrative supervision measures applied
against him, as was his right to continue his studies.
He seeks redress for the harm inflicted on him and
on his family, including cessation of the daily
harassment of his family by the local police, and
requests that they be granted passports.
State party’s admissibility observations
4.1 On 4 December 2001, the State party
challenged the admissibility of the complaint on the
grounds that the complainant had neither employed
nor exhausted available domestic remedies. It
maintains, first, that the complainant may still have
recourse to the available domestic remedies, since,
under Tunisian law, the limitation period for acts
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