Annex VIII
Views and decisions of the Committee against Torture under article 22
of the Convention
A. Views
1. Communication No. 60/1996
Submitted by:
Khaled Ben M'Barek
Alleged victim:
Faisal Baraket (deceased)
State party:
Tunisia
Date of communication:
6 November 1996
The Committee against Torture, established under article 17 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 10 November 1999,
Having concluded its consideration of communication No. 60/1996, submitted to the Committee against
Torture under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment,
Having taken into account all information made available to it by the author of the communication and
the State party,
Adopts its views under article 22, paragraph 7, of the Convention.
1.
The author of the communication is Mr. Khaled Ben M'Barek, a Tunisian national currently residing
in France, where he enjoys refugee status. He submits a written authorization from Jamel Baraket, the elder
brother of Faisal Baraket (deceased), to act on his behalf. He claims that Faisal Baraket and his family are
victims of violations by Tunisia of articles 2, 11, 12, 13 and 14 of the Convention.
The facts as submitted by the author
2.1
The author affirms that Faisal Baraket, together with others, was arrested on the morning of 8 October
1991 by members of the Criminal Investigation Brigade of the Nabeul National Guard. Mr. Baraket was an
activist in the Tunisian General Students' Union and a member of Al-Nahda, an unofficial political party. He
knew that the police were looking for him and had therefore gone into hiding. After his arrest, during which
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