CAT/C/23/D/60/1996
page 18
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In October 1991, the State party received allegations that Faisal Baraket died
as a result of torture from the following non-governmental organizations:
Amnesty International, World Organization against Torture, Action of Christians
for the Abolition of Torture (France) and Association for the Prevention of
Torture (Switzerland).
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On 13 July 1992, a report prepared by the Higher Committee for Human Rights
and Fundamental Freedoms, an official Tunisian body, had considered
Faisal Baraket’s death to be suspicious and had suggested that an inquiry should
be begun under article 36 of the Code of Criminal Procedure.
11.5 However, only on 22 September 1992 was an inquiry ordered into these allegations of
torture - over 10 months after the foreign non-governmental organizations had raised the alarm
and over 2 months after the Driss Commission’s report.
11.6 In a similar case,5 the Committee had considered delays of three weeks and more than
two months on the part of the competent authorities in reacting to allegations of torture to be
excessive.
11.7 The Committee is of the view that the State party did not comply with its obligation
under article 12 of the Convention to proceed to a “prompt ... investigation, wherever there is
reasonable ground to believe that an act of torture has been committed in any territory under its
jurisdiction” and that there was consequently a violation of the Convention.
11.8 Concerning the investigation carried out by the competent authorities of the State party,
the following acts may be regarded as having been established:
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The examining magistrate, who was entrusted with the case by the Public
Prosecutor’s Office on 22 September 1992, ordered a new medical evaluation,
which found that it was impossible to determine the mechanism by which the
lesions observed on the victim had arisen, or their origin, and dismissed the case.
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Assigned the case once again, following communication No. 14/1994, the
magistrate examined the persons mentioned by the author of the communication.
However, as all these persons denied the slightest knowledge of the alleged
events, the magistrate again dismissed the case.
11.9 The Committee notes in this regard that, among other things, the examining magistrate
had at his disposal the results of other important investigations which are customarily conducted
in such matters, but made no use of them:
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First, notwithstanding the statements made by the witnesses mentioned, and in
particular bearing in mind the possibility of incomplete recall, the magistrate
could have checked in the records of the detention centres referred to whether
there was any trace of the presence of Faisal Baraket during the period in
question, as well as that, in the same detention centre and at the same time, of the
two persons mentioned by the author of the communication as having been