and treatment of persons who have been arrested,
detained or imprisoned.13
assault, as well as offences under the ordinary law,
and not to cases of torture leading to death or cases
involving physical and moral harm inflicted on the
victims of torture.
8.11 Concerning the allegations relating to the
social position of Mr. Ltaief’s family, the State party
maintains that his family is not suffering any form of
harassment or restrictions, that the family is living in
decent circumstances, and that the complainant’s
father is receiving a pension.
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 concluding that the allegations of ill-treatment
date back to 1987, whereas the complainant recounts
his “martyrdom” in prison from 1987 to 1997. The
complainant also points out 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 also
produces a list of complaints by Tunisian public
figures which were recently reported and ignored by
the authorities. He considers that he has drawn up a
detailed account of his individual case, giving names,
places, dates and treatment inflicted, but the State
party contents itself with a blanket denial of such
treatment. 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.
Further observations by the complainant
9.1 In his observations dated 20 May 2003, the
complainant sought to respond to each of the points
contained in the above observations by the State
party.
9.2 Concerning the preventive arrangements for
combating torture, the complainant considers that the
State party has confined itself to listing an arsenal of
laws and measures of an administrative and political
nature which, he says, are not put into effect in any
way. To support this assertion he cites a report
prepared by the non-governmental organization
“National Council for Fundamental Freedoms in
Tunisia” (CNLT).14
9.3 In relation to the establishment of a legislative
reference system to combat torture, the complainant
considers that article 101 bis of the Code of Criminal
Procedure was adopted belatedly in 1999, in
particular in response to the concern expressed by
the Committee against Torture at the fact that the
wording of article 101 of the Criminal Code could be
used to justify serious abuses involving violence
during questioning. He also claims that this new
article is not applied, and attaches a list of the
victims of repression in Tunisia between 1991 and
1998 prepared by the non-governmental organization
“Vérité-Action”. He also points out that the cases
cited by the State party to demonstrate its
willingness to act to combat torture relate only to
accusations of abuse of authority and violence and
officer must inform the suspect of the measure being taken
against him and its duration, and his rights under the law,
notably the possibility of undergoing a medical
examination during his period in custody. The officer
must also inform one of the suspect’s parents or children,
brothers or sisters or spouse, as selected by him, of the
measure being taken against him. These safeguards were
further strengthened under the constitutional reform of 26
May 2002, which granted constitutional status to
supervision of police custody by the judiciary, stipulating
that this custodial measure could be imposed only by
order of a court.
13
The Act of 24 April 2001 on conditions for the
imprisonment and treatment of detainees strengthened
safeguards for the protection of prisoners and provided for
prisoners to be prepared for a working life by offering
them opportunities for paid employment.
14
«Pour la réhabilitation de l’indépendance de la justice»,
April 2000–December 2001.
9.5 Concerning the claim of inertia and lack of
action, the complainant 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, referring to the
examining magistrate’s refusal of his request for a
medical examination, and the medical certificate
indicating a neuropsychiatric disorder.
142
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