specific circumstances of the case of this complainant, who claims to have suffered violations of his rights. It made clear that it did not
doubt the information provided by the State party about members of the security forces being prosecuted and convicted for a variety
of abuses. But the Committee pointed out that it could not lose sight of the fact that the case at issue dates from 1987 and that, given
a statute of limitations of 10 years, the question arose in the present case of whether, failing interruption or suspension of the statute of
limitations - a matter on which the State party had provided no information - action before the Tunisian courts would be disallowed.
The Committee noted, moreover, that the complainant’s allegations related to facts that had already been reported publicly to the
authorities. The Committee pointed out that to date it remained unaware of any investigations voluntarily undertaken by the State
party. The Committee therefore considered it very unlikely in the present case that the complainant would obtain satisfaction by
exhausting domestic remedies, and decided to proceed in accordance with article 22, paragraph 5 (b), of the Convention.
7.3The Committee noted, in addition, the argument by the State party to the effect that the complainant’s claim was tantamount to
abuse of the right to lodge a complaint. The Committee considered that any report of torture was a serious matter and that only
through consideration of the merits could it be determined whether or not the allegations were defamatory. Furthermore, the
Committee believed that the complainant’s political and partisan commitment adduced by the State party did not impede
consideration of this complaint, in accordance with the provisions of article 22, paragraph 2, of the Convention.
State party’s observations on the merits
8.1In its observations of 3 April 2003 and 25 September 2003, the State party challenges the complainant’s allegations and reiterates
its position regarding admissibility.
8.2In relation to the allegations concerning the State party’s “complicity” and inertia vis à vis “practices of torture”, the State party
indicates that it has set up preventiveb and dissuasivec machinery to combat torture so as to prevent any act which might violate the
dignity and physical integrity of any individual.
8.3Concerning the allegations relating to the “practice of torture” and the “impunity of the perpetrators of torture”, the State party
considers that the complainant has not presented any evidence to support his claims. It emphasizes that, contrary to the complainant’s
allegations, Tunisia has taken all necessary legal and practical steps, in judicial and administrative bodies, to prevent the practice of
torture and prosecute any offenders, in accordance with articles 4, 5 and 13 of the Convention. Equally, according to the State party,
the complainant has offered no grounds for his inertia and failure to act to take advantage of the effective legal opportunities available
to him to bring his case before the judicial and administrative authorities (see paragraph 6.1). Concerning the Committee’s decision
on admissibility, the State party emphasizes that the complainant cites not only “incidents” dating back to 1987, but also “incidents”
dating from 1995, 1996 and 1997, that is, a time when the Convention against Torture was fully incorporated into Tunisian domestic
law and when he reports “ill-treatment” that he claims to have suffered while being held in “Tunis central prison” and “Grombalia
prison”. Hence the statute of limitations has not expired, and the complainant should urgently act to interrupt the limitation period,
either by contacting the judicial authorities directly, or by performing an act which has the effect of interrupting the limitation. The
State party also mentions the scope for the complainant to lodge an appeal for compensation for any serious injury caused by a public
official in the performance of his duties,d noting that the limitation period stands at 15 years.e The State party points out that the
Tunisian courts have always acted systematically to remedy deficiencies in the law on acts of torture (see paragraph 4.10).
8.4As 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 ill-treatment 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.
8.5Concerning 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.f In the case in question, the basis for the
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.
8.6Concerning 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
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