Communication N° 189/2001 Submitted by: Mr. Bouabdallah LTAIEF (represented by the non-governmental organization VéritéAction) Alleged victim: The complainant State party: Tunisia Declared admissible: 20 November 2002 Date of adoption of Views: 14 November 2003 Subject matter: torture of complainant by police and intelligence services and that his father was even detained himself for an entire day, because he had been making such representations. Procedural issues: exhaustion of domestic remedies; abuse of the right to lodge a complaint 2.2 While being held on Interior Ministry premises, in the cells of the national guard in Bouchoucha and in the police headquarters of Gabès governorate, the complainant maintains that he was subjected to eight torture sessions and provides a detailed description of these sessions. Substantive issues: failure to take effective measures to prevent torture; failure to ensure that acts of torture are offences under State party criminal law; failure to institute legal proceedings against those responsible for torture; use of evidence obtained as a result of torture; lack of investigation of the acts of torture and examination of allegations of torture; sentence based on a confession obtained as a result of torture; cruel, inhuman and degrading treatment or punishment 2.3 He describes what is customarily known as the “roast chicken” position, in which the victim is stripped naked, his hands tied and his legs folded between his arms, with an iron bar placed behind his knees, from which he is then suspended between two tables and beaten, in particular on the soles of his feet. The complainant says that his torturers blew cigarette smoke into his face to choke him. Articles of the Convention: 1, 2 (1), 4, 5, 11, 12, 13, 14, 15, 16 2.4 The complainant also claims to have been tortured in the “upside-down” position whereby the victim is stripped, hands tied behind his back and suspended from the ceiling by a rope tied to one or both of his feet, with his head hanging downwards. In this position he is kicked and struck with sticks and whips until he passes out. The complainant adds that his torturers tied a piece of string to his penis which they then repeatedly tugged, as if to tear his penis off. 1.1 The complainant is Mr. Bouabdallah Ltaief, a Tunisian citizen born on 2 June 1967 in Gabès, Tunisia, and a resident in Switzerland since 18 March 1999, where he obtained refugee status. He claims to have been the victim of violations by Tunisia of the provisions of article 1, article 2, paragraph 1, article 4, article 5, article 11, article 12, article 13, article 14, article 15 and article 16 of the Convention. He is represented by the nongovernmental organization Vérité-Action. 2.5 The complainant claims to have been subjected to the “falka”, in which the victim’s feet are tied to a bar which is then lifted so that his torturers can lash the soles of his feet. 1.2 Tunisia ratified the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment and made the declaration under article 22 of the Convention on 23 September 1988. 2.6 The complainant also claims to have been subjected to the “chair” torture, in which the victim is stripped and tied to a chair, with his hands behind his back, and beaten across the face, chest and abdomen. He says that his torturers mopped up his blood with paper which they then stuffed into his mouth to stifle his cries. The facts as submitted by the complainant 2.1 The complainant states that he was an active member of the Islamist organization ENNAHDA (formerly MTI). In July 1987, he was detained while on a camping trip with scouts. The complainant says that he asked the police officers if they were acting on the basis of a judicial warrant, but he was finally forced at gunpoint to remain silent. He states that, during his interrogation, he was deprived of food and sleep and subjected to intimidation by being forced to witness other detainees being tortured. He says that, despite requests to the local police, his family were unable to ascertain where he was being held 2.7 The complainant was also prevented from sleeping, from using the lavatory and from washing. 2.8 According to the complainant, following this torture and ill-treatment, he was twice admitted to the emergency service at Gabès hospital, but was unable to receive any visitors or to contact his family or his lawyer. 133