CAT/C/TUN/CO/3 committing acts of violence, while offences punishable by heavier penalties were excluded (arts. 2, 12, 13 and 14). 36. Bearing in mind the long-established jus cogens prohibition of torture, the Committee calls upon the State party to take all necessary measures to ensure that acts of torture committed before 1999 are prosecuted as offences punishable by penalties commensurate with the gravity of the crime. The State party should also amend article 5 of the Code of Criminal Procedure, in accordance with article 24 of Organic Act No. 2013-43. Transitional justice 37. While welcoming the measures taken to establish transitional justice mechanisms (see para. 5 (c) above), the Committee should like to draw attention to the scope of the mandate of the Truth and Dignity Commission, which has also been assigned functions relating to reparations and corruption. The Committee also notes with concern that the law gives the Commission just 5 years to determine the truth about violations committed over nearly 60 years, and that it has already received 28,087 complaints, including some 20,000 relating to torture and ill-treatment. The Committee is also concerned about the fact that no budget has been granted to it to allow it to carry out its terms of reference (art. 14). 38. The State party should: (a) Continue to provide the Truth and Dignity Commission with sufficient resources to allow it to carry out its mission effectively and to ensure that complaints of torture and ill-treatment are forwarded to an independent investigation authority once its mandate lapses; (b) Ensure that all the perpetrators of acts of torture committed during the period covered by the transitional justice law are brought to justice and ensure the highest level of protection for the victims, witnesses and their families; (c) Adopt a reparation policy with clear, non-discriminatory criteria, as recommended by the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence (A/HRC/24/42/Add.1, para. 86); (d) Ensure the right of victims to seek judicial remedies irrespective of the remedies available in the framework of the Truth and Dignity Commission, in accordance with the Committee’s general comment No. 3 (2012) on the implementation of article 14 by States parties (para. 30). Violence against women 39. While welcoming the efforts made to combat violence against women (para. 6 (g), above) and the new bill which, according to information provided by the delegation, will repeal the criminal provisions that make it possible to stay prosecution in the event of the perpetrator’s marriage with the victim and if the victim withdraws the complaint, the Committee regrets the lack of clear statistical data in cases of gender-based violence, disaggregated by type of offence, on the proportion of complaints that give rise to prosecution and convictions and on measures providing compensation (arts. 2, 12, 13, 14 and 16). 40. The State party should: (a) Expedite the adoption of the law to combat violence against women and ensure that it makes all forms of violence against women a criminal offence, including domestic violence and marital rape, and amend the provisions of the Criminal Code in GE.16-09569 9

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