2.10 From October 1991 onwards, non-governmental organizations such as Amnesty International,a the
World Organization against Torture, Action of Christians for the Abolition of Torture (France) and the
Association for the Prevention of Torture (Switzerland) also requested the Government of Tunisia to investigate
the death. However, the Government has always maintained that the death resulted from a road accident.
2.11 In a judgement dated 2 October 1996, the Tunis Appeal Court awarded damages amounting to 12,000
dinars to the Baraket family in compensation for Faisal's death in a road accident. The content of the verdict
was communicated to the family by a lawyer, Mohamed El Marhoul, who affirmed in his letter that it was the
father of Faisal Baraket who had initially commissioned him to act in that matter. However, the author
emphasizes that, contrary to the said lawyer's affirmation, the Baraket family had never instituted proceedings
in that regard.
The complaint
3.1.
The author claims that the Government of Tunisia has violated the following articles of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment:
Article 2, paragraph 1: The State party not only failed to take effective measures to prevent torture,
but also concealed the facts and denied that acts of torture had been committed.
Article 11: The authorities used their supervisory powers not to prevent torture but to hide the truth.
Article 12: The State party claims that the investigation into Faisal Baraket's death was closed and,
although it promised in 1992 that it would reopen the case, no investigation has been conducted.
Article 13: The State party forced the victim's father to sign a statement acknowledging that his son
died in an accident, while keeping his other son Jamel in detention for six months after his brother's
death.
Article 14: The State party still denies that Faisal Baraket died under torture; his family therefore
cannot claim compensation.
3.2
The author also affirms that the police officers who tortured Faisal Baraket have remained in their posts
and some of them have even been promoted.
3.3
The author repeatedly expresses his concern about the safety not only of the Baraket family but also
of the witnesses and their families following incidents which he considers to be related to the presentation of
the communication to the Committee.
a
A summary of the allegations relating to the Baraket case appears in Amnesty International document MDE 30/04/92
dated March 1992.
65
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