CAT/C/TUN/CO/3
(e)
Provide more training for forensic physicians on the Istanbul Protocol
and ensure that judicial officials question physicians about their findings;
(f)
Ensure that judges launch investigations on their own initiative
whenever there are reasonable grounds to believe that an act of torture or illtreatment has been committed.
Mechanisms for complaints and protection against reprisals
21.
In the light of the Committee’s previous recommendations (A/54/44, para. 96), the
Committee remains concerned about reports of reprisals committed by the police against
the families and counsel of victims with the aim of preventing them from submitting
complaints of torture. The Committee also regrets that Tunisian legislation does not
explicitly protect the confidentiality of complaints submitted to prosecutors through prison
administrations. As for access to a lawyer for the submission of complaints, the Committee
notes that such access is hampered by the fact that authorization must be requested from the
investigating judge during pretrial detention, and after conviction, from the DirectorateGeneral of Prisons, and that lawyers’ interviews with their clients must take place in the
presence of a prison guard (arts. 2, 12, 13 and 16).
22.
The State party should:
(a)
Put in place an independent, effective, confidential and accessible
mechanism to facilitate the submission of complaints by victims of torture and illtreatment, including by persons deprived of their liberty;
(b)
Uphold the principle under which communication between lawyers and
their clients is secret and ensure access to counsel without delay for any persons
deprived of their liberty;
(c)
Establish a system for the protection of victims of torture, witnesses and
other persons supporting victims so that they are protected against all forms of
reprisals;
(d)
reprisals.
Take criminal and disciplinary measures against those who carry out
Invalidity of confessions obtained under torture
23.
While welcoming the amendment of article 155 of the Code of Criminal Procedure
concerning the admissibility of confessions, the Committee remains concerned about
reports that confessions made under torture have been admitted as evidence in court in the
absence of any investigation into the torture allegations. The Committee is further
concerned at the absence of any information on cases in which courts have declared
evidence obtained under torture or duress to be null and void (art. 15).
24.
The State party should adopt effective measures to ensure full compliance with
article 155 of the Code of Criminal Procedure. The Committee thus invites the State
party to:
(a)
Ensure that in cases of allegations of torture it is for the prosecuting
authority to establish that evidence has not been obtained under duress;
(b)
Adopt the legislative measures required to permit proceedings to be
reopened on the grounds that they have been held on the basis of confessions extracted
under torture.
6
GE.16-09569