CAT/C/31/D/187/2001
Page 9
administrative supervision impeded due process. According to the complainant, the practice
described above is routinely applied by judges, particularly against political prisoners. In
support of his arguments, he cites extracts from reports by the Tunisian Committee for Human
Rights and Freedoms, the International Federation for Human Rights and the Tunisian Human
Rights League. He also refers to the annual reports of such international organizations as
Amnesty International and Human Rights Watch, which have denounced the practices described
by the complainant.
5.3
The complainant also challenges the explanations by the State party regarding the
possibility of promptly instituting legal proceedings, the existence of an effective remedy and the
possibility of bringing criminal indemnification proceedings.
5.4
The complainant argues that the State party has confined itself to repeating the procedure
described in the Code of Criminal Procedure, which is far from being applied in reality,
particularly where political prisoners are concerned. In support of his argument, he cites reports
by Amnesty International, Human Rights Watch, the World Organization against Torture, the
National Consultative Commission on Human Rights in France and the National Council for
Fundamental Freedoms in Tunisia. He also refers to the Committee against Torture’s final
observations on Tunisia, dated 19 November 1998. The complainant stresses that the Committee
against Torture recommended, among other things, that the State party should, first, ensure the
right of victims of torture to lodge a complaint without the fear of being subjected to any kind of
reprisal, harassment, harsh treatment or prosecution, even if the outcome of the investigation
does not prove their allegations, and to seek and obtain redress if these allegations are proven
correct; second, ensure that medical examinations are automatically provided following
allegations of abuse and an autopsy is performed following any death in custody; and third,
ensure that the findings of all investigations concerning cases of torture are made public and that
this information includes details of any offences committed, the names of the offenders, the
dates, places and circumstances of the incidents and the punishment received by those who were
found guilty. The Committee also noted that many of the regulations existing in Tunisia for the
protection of arrested persons were not adhered to in practice. It also expressed its concern over
the wide gap that existed between law and practice with regard to the protection of human rights,
and was particularly disturbed by the reported widespread practice of torture and other cruel and
degrading treatment perpetrated by security forces and the police, which, in certain cases,
resulted in death in custody. In addition, the complainant mentions the decision by the
Committee against Torture relating to communication No. 60/1996, Faisal Baraket v. Tunisia.
The complainant believes that the State party’s statement regarding the possibility of ensuring an
effective remedy constitutes political propaganda without any legal relevance. He explains that
the cases cited by the State party (para. 4.10) relate to Tunisian citizens who were not arrested
for political reasons, whereas the authorities reserve special treatment for cases involving
political prisoners.
5.5
The complainant also challenges the State party’s argument that a Tunisian lawyer can be
instructed from abroad to lodge a complaint.
5.6
The complainant maintains that this procedure is a dead letter and has never been
respected in political cases. According to him, lawyers who dare to defend such causes are