reasonable ground to believe that an act of torture or
ill-treatment has been committed, no special
importance being attached to the grounds for the
suspicion.15
for example by presenting to the court a certificate
proving that a complaint had been lodged with the
office of the public prosecutor, or displaying obvious
traces of torture or ill-treatment, or submitting a
medical report. On this latter point, to which the
Committee wishes to draw its attention, it is clear
that the complainant maintains that the president of
the Bouchoucha court ignored his complaints of
torture on the grounds that he had no medical report
in his possession, that the complainant was informed
only during his trial of the medical checks carried
out on a portion of the accused during remand, and
that the president of the court ignored his demands
for his right to a medical report to be respected. On
the other hand, the State party maintains that the
complainant voluntarily opted not to request a
medical examination although the court had ordered
such examinations for all prisoners who wished to
undergo one. The Committee refers to its
consideration of the report submitted by Tunisia in
1997, at which time it recommended that the State
party should ensure that medical examinations are
provided automatically following allegations of
abuse, and thus without any need for the alleged
victim to make a formal request to that effect.
10.5 The Committee notes that the complainant
complained of acts of torture committed against him
to the Bouchoucha military court at his trial from 9
July 1992 onwards, in the presence of the national
press and international human rights observers. It
also notes that the State party acknowledges that the
complainant reiterated his allegations of ill-treatment
several times before the court, in order, according to
the State party, to focus the attention of the
observers attending the hearing. The Committee also
takes note of the detailed and substantiated
information provided by the complainant regarding
his hunger strikes in the 9 April prison over 12 days
in July 1992 in Tunis, and in Mahdia over 8 days in
October 1995 and 10 days in March 1996, as a
protest against the conditions in which he was being
held and the ill-treatment to which he was subjected.
The Committee notes that the State party did not
comment on this information, and considers that
these elements, taken together, should have been
enough to trigger an investigation, which was not
held, in breach of the obligation to proceed to a
prompt and impartial investigation under article 12
of the Convention.
10.8 In the light of its practice relating to article 13
and the observations set out above, the Committee
considers that the breaches enumerated are
incompatible with the obligation stipulated in article
13 to proceed to a prompt investigation.
10.6 The Committee observes that article 13 of the
Convention does not require either the formal
lodging of a complaint of torture under the
procedure laid down in national law or an express
statement of intent to institute and sustain a criminal
action arising from the offence, and that it is enough
for the victim simply to bring the facts to the
attention of an authority of the State for the latter to
be obliged to consider it as a tacit but unequivocal
expression of the victim’s wish that the facts should
be promptly and impartially investigated, as
prescribed by this provision of the Convention.16
10.9 Finally, the Committee considers that there are
insufficient elements to make a finding on the
alleged violation of other provisions of the
Convention raised by the complainant at the time of
adoption of this decision.
11. The Committee against Torture, acting under
article 22, paragraph 7, of the Convention, is of the
view that the facts before it disclose a violation of
articles 12 and 13 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment
or Punishment.
10.7 The Committee notes, as already indicated,
that the complainant did complain of ill-treatment to
the Bouchoucha military court, and resorted to
hunger strikes in protest at the conditions imposed
on him. Yet, notwithstanding the jurisprudence
under article 13 of the Convention, the Committee
notes the State party’s position maintaining that the
complainant should have made formal use of
domestic remedies in order to lodge his complaint,
12. Pursuant to rule 112, paragraph 5, of its rules
of procedure, the Committee urges the State party to
conduct an investigation into the complainant’s
allegations of torture and ill-treatment, and to inform
it, within 90 days from the date of the transmittal of
this decision, of the steps it has taken in response to
the views expressed above.
15
Communication N° 59/1996 (Encarnación Blanco Abad
v. Spain).
16
Communications N° 6/1990 (Henri Unai Parot v. Spain)
and N° 59/1996 (Encarnación Blanco Abad v. Spain).
119
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