9.6 The complainant maintains that his counsel
refused to sign the transcript of the questioning
before the examining magistrate, thereby proving the
abnormal conditions in which the proceedings took
place. He also notes that by its own admission, but
by means of legal reasoning which he finds strange,
the State party acknowledges that the examining
magistrate refused his request for a medical
examination because of the absence of any obvious
traces of violence. The complainant explains that
holding an individual in pretrial detention beyond
the time limits laid down by law for the purposes of
concealing the traces of torture, and then denying
him the right to a medical examination on the
grounds that there were no obvious traces of torture,
falls within a pattern of institutionalization of torture.
Lastly, according to the complainant, the State party
thereby acknowledges that it prevented him from
initiating an elementary and obvious procedure
which would provide him with the initial evidence
he requires. He adds that in his extremely serious
case, in which he was brought before a court of
special jurisdiction (the State Security Court), this
refusal deprived him of the last resort which would
have enabled him to defend his interests. According
to the complainant, given the serious charges made
against him, the slightest doubt and the slightest
allegation of ill-treatment should have triggered a
process of checking. Furthermore, the examining
magistrate’s refusal to authorize a medical
examination lessened the complainant’s chances of
resubmitting the request to the court (even though
the request was indeed resubmitted).
against him each time he sought to exercise a right
and took action to that end, for example in the form
of a hunger strike. He explains that the actual
conditions in which the visits took place—the illtreatment inflicted on the members of his family at
the place of the visit and by the local police on their
return home—constituted breaches of national and
international standards.
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, pointing out that it was supplied
only 10 years after the incidents as that was the first
available opportunity. He also notes that the State
party, while it accepts the existence of psychological
problems, but only on the grounds of an alleged
feeling of guilt and not because of the torture he
suffered, refuses to produce the file which would
confirm the extent of the regrets of which the court
was informed. Concerning the treatment cited by the
State party, the complainant demands the production
of his medical file by the State party.
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 notes in particular that he was
arbitrarily prevented from continuing his studies,
during his 10 years in prison but above all afterwards.
He deplores the fact that aside from a remark on the
resumption of studies, the State party contented itself
with a blanket denial of his assertions, without any
supporting investigation or evidence. According to
the complainant, administrative supervision serves
only to bolster the police’s stranglehold over the
freedom of movement of former prisoners.
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
used in political trials and sometimes in trials
involving offences under ordinary law. As for the
State party’s endeavours to detect signs of
contradiction
in his acknowledgement
of
membership of the ENNAHDA movement (para.
8.6), the complainant is surprised at this strange
reasoning, and explains that his conviction related to
an alleged attack using acid, and not membership of
the ENNAHDA movement.
9.12 Concerning the situation of his family, the
complainant records the suffering caused by the
police surveillance and various forms of intimidation,
ill-treatment during visits and the denial of passports
for a period of years, continuing up to the present.
9.13 Concerning the application of article 11 of the
Convention, the complainant considers that the State
party once again contents itself with a theoretical
description of its legal arsenal and a reference to the
activities of the Higher Committee on Human Rights
and Fundamental Freedoms, a non-independent
institution. Citing documents issued by nongovernmental organizations,15 the complainant notes
violations relating to the supervision of detention
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
his plentiful, specific and substantiated evidence. He
explains that he was transferred for purposes of
punishment, and not for any matter related to cases
pending before the courts. 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.
15
Alternative report by FIDH to Tunisia’s second periodic
report to the Committee against Torture; communiqué
issued on 20 February 2003 by the International
Association for Support for Political Prisoners in Tunisia.
9.9 In relation to visits, the complainant considers
that denial of visits constituted a form of revenge
143
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