CAT/C/31/D/189/2001
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Article 14. It is alleged that the State party has ignored the complainant’s right to make a
complaint and has thereby deprived him of his right to redress and rehabilitation.
Article 15. It is alleged that on 27 September 1987 the complainant was sentenced to a
prison term on the basis of a confession obtained as a result of torture.
Article 16. The repressive measures and practices described above, such as solitary
confinement, violation of the right to medical care and the right to send and receive mail,
restriction of family visits, etc., applied by the State party against the complainant
constitute cruel, inhuman and degrading treatment or punishment.
3.2
The complainant also claims that his freedom of movement and his right to work were
infringed by the administrative supervision measures applied against him, as was his right to
pursue his studies.
State party’s observations on admissibility
4.1
On 4 December 2001, the State party challenged the admissibility of the complaint on the
grounds that the complainant has neither employed nor exhausted available domestic remedies.
4.2
The State party points out that the complainant is a well-known activist of the illegal
extremist movement ENNAHDA, which foments religious and racial hatred and practises
violence. The State party explains that the complainant was sentenced on 27 September 1987 by
the State Security Court to 10 years’ immediate imprisonment and hard labour for having carried
out a terrorist attack against Ali Bouhlila, by throwing sulphuric acid over his face and abdomen
on 21 March 1987. According to the State party, the complainant was also found guilty, at the
same trial, of aiding and abetting other terrorist acts.
4.3
The State party maintains that the complainant may still have recourse to the available
domestic remedies, since, under Tunisian law, the limitation period for acts alleged to be, and
characterized as, serious offences is 10 years.
4.4
The State party explains that, under the criminal justice system, the complainant may
submit a complaint, from within Tunisia or abroad, to a representative of the Public Prosecutor’s
Office with jurisdiction in the area in question. He may also authorize a Tunisian lawyer of his
own choice to submit such a complaint or request a foreign lawyer to do so with the assistance of
a Tunisian colleague.
4.5
Under the same rules of criminal procedure, the Public Prosecutor will receive the
complaint and institute a judicial inquiry. In accordance with article 53 of the Code of Criminal
Procedure, the examining magistrate to whom the case is referred will hear the author of the
complaint. In the light of this hearing, he may decide to hear witnesses, question suspects,
undertake on-site investigations and seize physical evidence. He may also order expert studies
and carry out any actions which he deems necessary for the uncovering of evidence, both in
favour of and against the complainant, with a view to discovering the truth and verifying facts on
which the trial court will be able to base its decision.