CAT/C/31/D/187/2001 Page 8 4.8 The State party stresses that, in conformity with article 7 of the Code of Criminal Procedure, the complainant may bring criminal indemnification proceedings before the court to which the case has been referred (criminal court or criminal division of the court of first instance) and, as appropriate, may lodge an appeal, either with the Court of Appeal if the offence in question is an ordinary offence, or with the criminal division of the Court of Appeal if it is a serious offence. The complainant may also appeal to the Court of Cassation. 4.9 The State party maintains that the domestic remedies are effective. 4.10 According to the State party, the Tunisian courts have systematically and consistently acted to remedy deficiencies in the law, and stiff sentences have been handed down on those responsible for abuses and violations of the law. The State party says that, between 1 January 1988 and 31 March 1995, judgements were handed down in 302 cases involving members of the police or the national guard under a variety of counts, 227 of which fell into the category of abuse of authority. The penalties imposed varied from fines to terms of imprisonment of several years.1 4.11 The State party maintains that, given the complainant’s “political and partisan” motives and his “offensive and defamatory” remarks, his complaint may be considered an abuse of the right to submit complaints. 4.12 The State party explains that the ideology and the political platform of the “movement” of which the complainant was an active member are based exclusively on religious principles, promoting an extremist view of religion which negates democratic rights and the rights of women. This is an illegal “movement”, fomenting religious and racial hatred and employing violence. According to the State party, this “movement” perpetrated terrorist attacks which caused material damage and loss of life over the period 1990-1991. For that reason, and also because it is in breach of the Constitution and the law on political parties, this “movement” has not been recognized by the authorities. 4.13 The State party explains that the complainant is making serious accusations, not genuinely substantiated by any evidence, against the judicial authorities by claiming that judges accept confessions as evidence and hand down judgements on the basis of such evidence. Complainant’s comments on the State party’s observations 5.1 In a letter dated 6 May 2002, the complainant challenges the State party’s argument that he was supposedly unwilling to turn to the Tunisian justice system and make use of domestic remedies. 5.2 In this context, the complainant recalls his statements concerning the torture to which he had been subjected and his request for a medical check made to the judge of the military court, all of which were ignored and not acted upon, and his reports of violations of articles 13 and 14 of the Convention against Torture, as well as his contention that placing him under 1 The examples cited by the State are available for information in the file.