from successfully concluding any proceedings that he might initiate, given the restrictions placed on contacts between refugees and the
authorities in their own countries. He explains that severance of all relations with the country of origin is one of the conditions on
which refugee status is granted, and that it plays an important role when consideration is being given to withdrawing asylum.
According to the complainant, such asylum would effectively end if the refugee should once again, of his own volition, seek the
protection of his country of origin, for example by maintaining close contacts with the authorities or paying regular visits to the
country.
5.6The complainant also challenges the affirmation by the State party of the existence of available remedies.
5.7He argues that the State party has confined itself to repeating the procedure described in the Code of Criminal Procedure, which
is far from being applied in reality, particularly where political prisoners are concerned. In support of his argument, the complainant
cites reports by Amnesty International, Human Rights Watch, the World Organization against Torture, the National Consultative
Commission on Human Rights in France and the National Council for Fundamental Freedoms in Tunisia. The complainant also refers
to the Committee against Torture’s concluding observations on Tunisia, dated 19 November 1998. He stresses that the Committee
against Torture recommended, among other things, that the State party should, first, ensure the right of victims of torture to lodge a
complaint without the fear of being subjected to any kind of reprisal, harassment, harsh treatment or prosecution, even if the outcome
of the investigation does not prove their allegations, and to seek and obtain redress if those allegations are proven correct; second,
ensure that medical examinations are automatically provided following allegations of abuse and that autopsies are performed following
any deaths in custody; and third, ensure that the findings of all investigations concerning cases of torture are made public and that such
information includes details of any offences committed, the names of the offenders, the dates, places and circumstances of the
incidents and the punishment received by those found guilty. The Committee also noted that many of the regulations existing in Tunisia
for the protection of arrested persons were not adhered to in practice. It also expressed its concern over the wide gap that existed
between law and practice with regard to the protection of human rights, and was particularly disturbed by the reported widespread
practice of torture and other cruel and degrading treatment perpetrated by security forces and the police, which, in certain cases,
resulted in death in custody. The complainant also notes the lack of independence of the judicial system and the bodies set up to
monitor application of the law. Lastly, he emphasizes that the State party’s reply, in the current case, shows that no domestic
investigation has been held into the rather detailed information contained in the complaint under consideration.
5.8The complainant challenges the State party’s argument that the domestic remedies are effective.
5.9With regard to the 302 cases involving police or national guard officers against whom, according to the State party, sentences
have been handed down, the complainant points out that there is no tangible proof that these cases, which have not been published or
made public in any way, actually took place; that the 277 cases cited by the State party as examples of abuse of authority are not
relevant to the case in question; and that the State party refers only to cases which do not tarnish the image of Tunisia and therefore
include no case of inhuman or degrading treatment. He explains that the cases adduced by the State party took place during
the period 1988-1995 and were covered by the concluding observations of the Committee against Torture mentioned above. Lastly,
citing extracts from reports by the Tunisian Committee for Human Rights and Freedoms and Amnesty International in particular, he
draws attention to the immunity enjoyed by officials involved in acts of torture, some of whom have even been promoted. The
complainant adds that Tunisia has helped Tunisian officials evade arrest warrants issued against them abroad on the basis of
complaints by victims of torture
5.10Finally, the complainant rejects the comments by the State party characterizing his complaint as an abuse of rights. He says that,
with its references in this context to political commitment and terrorism, the State party is demonstrating its bias and, by extension, the
impossibility of obtaining any remedy in Tunisia. The complainant also stresses that the prohibition of torture and inhuman or
degrading treatment is a provision which admits of no exception, including for terrorists. He believes that, in its response to this
complaint, the State party is resorting to a political manoeuvre which has no legal relevance and which constitutes an abuse of rights.
Additional information from the State party on admissibility
6.1On 8 November 2002 the State party again challenged the admissibility of the complaint. It maintains that the complainant’s claims
about recourse to the Tunisian justice system and the use of domestic remedies are baseless and unsupported by any evidence. It
affirms that appeal procedures do not take an unreasonable time, and that proceedings in respect of the allegations made in the
complaint are not time-barred, since the time limit for bringing proceedings in such cases is 10 years. Contrary to what the
complainant alleges, the State party says that he can instruct a lawyer of his choice to lodge a complaint from abroad. It adds that the
complainant’s claims that a complaint lodged from abroad with the Tunisian authorities might be covered by article 305, paragraph 3,
of the Code of Criminal Procedure, which permits the prosecution of those guilty of terrorist acts, are baseless. The State party
maintains that domestic remedies before the Tunisian judicial authorities are not only possible in the current case but indeed effective,
as shown by the fact that victims of violations in Tunisia have obtained satisfaction. Fourth, the State party argues that the complainant
is abusing the right to lodge complaints by seeking to misrepresent and distort the points made in the State party’s response
of 4 December 2001.
Committee’s decision on admissibility
7.1At its twenty-ninth session, the Committee considered the admissibility of the complaint, and in a decision of 20 November 2002
declared it admissible.
7.2With regard to the issue of the exhaustion of domestic remedies, the Committee noted that the State party challenged the
admissibility of the complaint on the grounds that the available and effective domestic remedies had not been exhausted. In the
present case, the Committee noted that the State party had provided a detailed description both of the remedies available, under law,
to any complainant and of cases where such remedies had been applied against those responsible for abuses and for violations of the
law. The Committee considered, nevertheless, that the State party had not sufficiently demonstrated the relevance of its arguments to
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