E/CN.4/1995/34
page 142
739. The Government replied that Salaheddin Zikikout had been detained under
an arrest warrant issued against him by the Government Procurator and
sentenced by the courts with full respect of the rights of the defence and
within the framework of the guarantees offered to persons involved in court
proceedings. The allegations concerning torture and the falsification of the
date of arrest were false. Tunisian law offered all individuals ways of
denouncing and demanding compensation for any prejudice they may have
suffered.
Urgent appeals transmitted and replies received
740. On 1 March 1994 the Special Rapporteur transmitted an urgent appeal on
behalf of Ali Mabouj, a Tunisian citizen resident in France, who was arrested
by the police on 6 February 1994 at his home in Ben Guerdane, Medenine
district. Following his arrest he reportedly was being held incommunicado,
without contact with his family or lawyer, beyond the time-limit of 10 days
provided for by law.
741. On 24 September 1994 the Government replied that Ali Mabouj had in
fact been arrested on 18 February 1994, inter alia, for membership in an
unauthorized association. On 22 February the Public Ministry attached to the
court of first instance in Medenine issued a warrant for his detention in the
civil prison of Medenine where he was being held. He had not been kept
incommunicado nor been subjected to any ill-treatment. He was in a normal
state of health and was regularly visited by his mother, wife and son. On
30 September 1994 the Government further informed the Special Rapporteur that
Ali Mabouj had been sentenced to six months’ imprisonment for collection of
illegal funds.
742. In the same communication of 1 March, the Special Rapporteur also made
an appeal on behalf of Hamma Hammami, a member of the unauthorized Tunisian
Workers’ Communist Party, who was convicted in absentia in December 1992 for
having taken part in illegal meetings and distributed leaflets. According to
the reports, he was arrested in Tunis on 14 February 1994 and subjected to
torture at Sousse police headquarters and the Ministry of the Interior,
following which he lost consciousness for several hours. Since then his
condition has reportedly been precarious and he has been refused all medical
treatment.
743. On 24 September 1994 the Government replied that the police officers,
during a patrol of Sousse on 14 February 1994, wanted to check the identity of
Hamma Hammami, who was behaving suspiciously, but he ran away. He was pursued
and caught, whereupon he struck and injured two police officers. He did in
fact undergo a medical examination at the request of his lawyers. The fears
expressed regarding torture were unfounded.
744. The Special Rapporteur transmitted a further urgent appeal in the case
of Hamma Hammami on 13 December 1994. According to new information, he had
gone on hunger strike in prison on 7 December 1994 and had been moved to an
undisclosed location to be "punished". His family and lawyers were reportedly
being denied access to him.
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