2.9 The complainant states that, in these
conditions, he was forced to make confessions and
that at the beginning of September 1987, he was
placed in the 9 April prison in a solitary cell and
deprived of any contacts with the outside world.
2.13 The complainant was subsequently moved
around repeatedly both within and between the
country’s various penitentiary establishments. Thus,
he was held in isolation with three political prisoners,
Fethi Jebrane, Mohamed Charrada and Faouzi Sarraj,
in the Borj Erroumi prison in Bizerte, from 1987 to
1992; from 1992 to 1993, he was transferred to a
common criminals’ cell; from 1993 to 1994, he was
held in solitary confinement in a small cell; and from
1994 to 1996 he was held together with two
ENNAHDA officials—Habib Ellouz and Ajmi
Lourimi—and then transferred to El Kef prison and
to the central prison in Tunis, from 1996 to 1997.
2.10 The complainant was then brought before the
examining magistrate in the presence, for the first
time, of his lawyers. The examining magistrate
would not, however, allow any exchange of
information to take place between the complainant
and his lawyers, refused to let the lawyers speak,
dictated the prosecution’s case 1 against the
complainant to his secretary, but was unable to get
the complainant and his counsel to sign the transcript
of the hearing.
2.14 The complainant says that the living standards
and the treatment meted out to prisoners by the
prison authorities made his imprisonment an
intolerable ordeal. He refers to the prison crowding,
the dirty conditions, the contagious diseases and the
lack of medical care. He claims that the punishment
cells in which he was held in the Borj Erroumi
prison were extremely cramped, dark, with no water
or WC, and very damp; his rations were limited to
one piece of bread a day and he was forced to wear
dirty, flea-infested clothes. He maintains that the
political prisoners were subjected to discriminatory
treatment, as part of a general policy of physical and
mental aggression. In support of this claim he
explains that he was repeatedly barred from having
contact with others and from engaging in joint
prayers. He adds that he was deprived of medical
care, despite repeated requests, threats to go on
hunger strike and his refusal to take exercise in the
prison yard. According to the complainant, his
family visits were restricted to 10 minutes and the
women visitors were forced to remove their veils.
The complainant adds that, in punishment cell N° 2
at Borj Erroumi prison, he was stripped naked and
tied hand-and-foot to a cot for three days on end. He
says that he was then subjected to this punishment
again for a period of six days, after requesting
medical care for kidney pains. In addition, the
warders punched, slapped and kicked him.
According to the complainant, in February 1994, the
prison director beat him viciously while he was on
hunger strike and had been placed in shackles and, in
the process, broke his right arm. When the
complainant returned from hospital, the prison
director ordered him to be returned to the
punishment cells, where he was left shackled for
eight days, naked and without blankets, thereby
aggravating his kidney pains. In El Kef prison,
where he spent 10 days in the punishment cells, he
had a blanket only from 10 p.m. to 6 a.m., despite
the cold temperatures in the town, with the result
that for the last three days he was unable to walk.
Finally, a few days before his release, he was placed
together with 24 other prisoners in Tunis central
prison in a cell measuring only 3.5 metres by 2
metres. According to the complainant, with only one
2.11 The complainant’s case then went before the
State Security Court (Cour de Sûreté de l’Etat),
where it continued for an entire month and,
according to the complainant, was unanimously
regarded by the international press as a complete
travesty. The complainant says that, prior to the
proceedings, the Director of State Security,
Mr. Moncef Ben Gbila, attempted unsuccessfully to
persuade him to give false testimony against other
detainees, including officials of ENNAHDA, in
exchange for his release. According to the
complainant, during the proceedings, the magistrate
of the State security court, Mr. Hechmi Zemmal,
forced him to keep his statements brief, thus
compromising his right to a defence. In addition,
when the complainant was brought face to face with
a witness who claimed to have been the victim of an
act of violence committed by him, this witness,
according to the complainant, repeatedly stated that
the complainant was not the person in question. The
defence counsel demanded that he be acquitted for
lack of evidence, but the magistrate found that the
witness had been affected by the shock of having to
face his aggressor once again and, on 27 September
1987, sentenced the complainant to 10 years’
immediate imprisonment and hard labour and 10
years’ administrative supervision.2
2.12 The complainant stresses that, like other
victims of torture, he was given no opportunity in
the examination proceedings and the trial to describe
his experiences of torture or to denounce those
responsible. According to the complainant, judges
brusquely interrupt to prevent anyone, even lawyers,
mentioning this topic, and the fear of being subjected
again to torture, if the detainee dares raise this issue
with the judge, acts as a strong deterrent in the
intimidation process.
1
The complaint does not specify the accusations brought
against the complainant.
2
The complaint does not specify the reasons given for the
finding against the complainant.
134
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