of his duties,4 noting that the limitation period stands
at 15 years. 5 The State party points out that the
Tunisian courts have always acted systematically to
remedy deficiencies in the law on acts of torture (see
para. 4.10).
court’s decision, in addition to the confessions made
by the complainant throughout the judicial
proceedings, was testimony by his accomplices. The
State party also rejects as baseless the complainant’s
allegation that he had signed a transcript without
being aware of its content, pointing out that the law
requires that the transcript be read to the accused
before signature, and that this was done. Concerning
the complainant’s allegations that the proceedings in
his case were both summary and protracted, the State
party indicates that the length of the proceedings is
dictated by respect for the right to a defence. In
addition, with the aim of preventing counsel or even
the prosecution from engaging in delaying tactics
and seeking the postponement of hearings, the State
party points out that rulings by judges are always
accompanied by a statement of grounds, as are
rulings postponing hearings relating to the criminal
proceedings against the complainant.
8.4 As for the allegations of failure to respect
guarantees relating to judicial procedure, the State
party regards them as unfounded. According to the
State party, the authorities did not prevent the
complainant from lodging a complaint before the
courts—on the contrary, he opted not to make use of
domestic remedies. As for the “obligation” of judges
to ignore statements made as a result of torture, the
State party cites article 15 of the Convention against
Torture, and considers that it is incumbent on the
accused to provide the judge with at least basic
evidence that his statement has been made in an
unlawful manner. In this way he would confirm the
truth of his allegations by presenting a medical
report or a certificate proving that he had lodged a
complaint with the public prosecutor’s office, or
even by displaying obvious traces of torture or illtreatment to the court. However, the State party
points out that the complainant did not deem it
necessary to lodge a complaint either during his
detention or during his trial; this formed part of a
strategy adopted by the “ENNAHDA” illegal
extremist movement in order to discredit Tunisian
institutions by systematically alleging acts of torture
and ill-treatment but not making use of available
remedies.
8.6 Concerning the allegations relating to prison
conditions, and in particular the comparison of
prisons to “concentration centres”, the State party
considers them unfounded. Concerning the
arrangements for transfers between one prison and
another, which the complainant considers to
constitute an abuse, the State party points out that, in
keeping with the applicable regulations, transfers are
decided upon in the light of the different stages of
the proceedings, the number of cases and the courts
which have competence for specific areas. The
prisons are grouped in three categories: for persons
held awaiting trial; for persons serving custodial
sentences; and semi-open prisons for persons found
guilty of ordinary offences, which are authorized to
organize agricultural labour. According to the State
party, as the status of the complainant had changed
from that of remand prisoner to that of a prisoner
serving a custodial sentence, and bearing in mind the
requirements as to investigations in his case or in
other similar cases, he was transferred from one
prison to another, in accordance with the applicable
regulations. Moreover, the conditions in which the
complainant was held, wherever he was held, were
in keeping with the prison regulations governing
conditions for holding prisoners in order to ensure
prisoners’ physical and moral safety. The State party
points out that prisoners’ rights are scrupulously
protected in Tunisia, without any discrimination,
whatever the status of the prisoner, in a context of
respect for human dignity, in accordance with
international standards and Tunisian legislation.
Medical, psychological and social supervision is
provided, and family visits are allowed.
8.5 Concerning the allegations relating to his
confession, the State party considers baseless the
complainant’s claim that he was found guilty on the
sole basis of his confession. It points out that, under
the last paragraph of article 69 and article 152 of the
Code of Criminal Procedure, a confession on the part
of the accused cannot relieve the judge of the
obligation to seek other evidence, while confessions,
like all items of evidence, are a matter for the
independent appreciation of the judge. On that basis,
it is a constant of Tunisian case law that an accused
cannot be found guilty on the sole basis of a
confession.6 In the case in question, the basis for the
4
Under the Administrative Court Act of 1 June 1972, the
State may be held responsible even when it is performing
a sovereign act if its representatives, agents or officials
have caused material or moral injury to a third person. The
injured party may demand from the State compensation
for the injury suffered, under article 84 of the Code of
Obligations and Contracts, without prejudice to the direct
liability of its officials vis-à-vis the injured parties.
5
Administrative Court – judgement N° 1013 of 10 May
1003 and judgement N° 21816 of 24 January 1997.
6
Judgement N° 4692 of 30 July 1996, published in the
Revue de Jurisprudence et Législation (R.J.L.); judgement
N° 8616 of 25 February 1974 R.J.L. 1975; and judgement
N° 7943 of 3 September 1973 R.J.L. 1974.
8.7 Contrary to the allegations that the medical
consequences suffered by the complainant are due to
torture, the State party rejects any causal link.
Moreover, according to the State party, contrary to
the complainant’s allegations that his request for a
128
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents