collaborate. Under this coercion, the complainant
signed a minuted record on 12 April 1995, certifying
that he was an active member of the unauthorized
organization ENNAHDA.
Intelligence in 1995; Moncef Ben Gbila, senior
officer in the State Security Service in 1987;
Mojahid Farhi, lieutenant colonel; Belhassen Kilani,
full lieutenant; Salim Boughnia, full lieutenant;
Faouzi El Attrouss, major; Hédi Ezzitouni, full
lieutenant; Abderrahman Guesmi, Interior Ministry
official; Faycal Redissi, Interior Ministry official;
Tahar Dlaiguia, Bouchoucha detention centre
official; Mohamed Ben Amor, State Security;
Hassen Khemiri, warrant officer; Mohamed Kassem,
deputy director of Messadine prison in 1997; Habib
Haoula, prison wing supervisor at Messadine prison;
and Mohamed Zrelli, prison wing supervisor at
Grombalia prison. The complainant adds that the
then Minister for Internal Affairs, Abdallah Kallel,
should be held responsible for the treatment to which
he was subjected since, at a press conference held on
22 May 1991, the minister named him as the person
responsible for a campaign of terror.
2.21 The complainant was then sentenced, on 18
May 1995, by the court of first instance in Tunis to
three years’ immediate imprisonment and five years’
administrative supervision; this verdict was upheld
on appeal on 31 May 1996.
2.22 The complainant says that he requested the
judge at the court of first instance in Tunis to protect
him from the torture to which he was subjected daily
in prison, and also informed him that he had been on
hunger strike for a week. According to the
complainant, the police then escorted him from the
courtroom in the presence of the judge, who did not
react.
2.23 While held in Tunis central prison from 13
April 1995 to 31 August 1996, the complainant was
subjected to torture which, on this occasion,
comprised the practice of “falka”, in which the
torturers tie the victim’s legs to a bar and raise his
feet in the air so that they can whip the soles of his
feet. The complainant explains that the deputy
director of the prison personally participated in these
torture sessions, tying him, for example, to the door
of his cell before hitting him on the head with a
truncheon until he passed out. At the end of August
and beginning of September 1995, the complainant
was placed in solitary confinement and deprived of
washing facilities. He then went on a hunger strike,
demanding medical attention and an end to the
discriminatory treatment against him.
2.29 The complainant describes the after-effects of
his torture and the conditions in which he was held,
which include hearing problems (he submits a
certificate from a Swiss ear, nose and throat
specialist), rheumatism, skin disorders, an ulcer and
mental problems.
2.30 As to whether all domestic remedies have
been exhausted, the complainant argues that,
although such remedies are provided in Tunisian law,
they are unavailable in practice because of the bias
of judges and the impunity granted to those
responsible for violations. He adds that the
regulations governing the activities of bodies which
play a role in upholding human rights, such as the
Higher Committee for Human Rights and
Fundamental Freedoms and the Constitutional
Council, prevent them from supporting complaints
of torture. To back up his argument, he cites the
reports of such non-governmental organizations as
Amnesty International.
2.24 After being transferred to Grombalia prison,
the complainant continued his hunger strike from 28
November to 13 December 1997 and, once again,
was beaten on the orders of the director.
2.25 The complainant states that, during his years
of detention, he was only ever able to have one
meeting with his lawyers, and that was in the
presence of a prison officer.
The complaint
3.1 The complainant maintains that the Tunisian
Government has breached the following articles of
the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment:
2.26 After his release on 12 April 1998, the
complainant was subjected to harassment, in the
form of summonses for questioning, interrogation
and daily supervision, until he fled the country for
Switzerland on 22 June 1998, where he was granted
refugee status in December 1998.
Article 1. The practices described above, such
as “falka”, the “roast chicken” position,
“balanco”, the “chair”, etc., to which the
complainant was subjected, constitute acts of
torture.
2.27 The complainant states that, since he fled the
country, members of his family have been subjected
to interrogation and other forms of humiliation,
including a refusal to issue a passport to his mother.
Article 2, paragraph 1. It is alleged that the
State party not only failed to take effective
measures to prevent torture, but even
mobilized its administrative machinery and, in
particular, its police force as an instrument of
torture against the complainant.
2.28 The complainant provides a list of people who
committed acts of torture against him, namely,
Ezzeddine Jnaieh, Director of State Security in 1991;
Mohamed Ennaceur, Director of General
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