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Aïssa, who happened to be a distant relative of Rached Jaïdane, told the latter that he was
unable to report the torture because he would end up in prison himself.
Conviction and sentence
2.10 On 30 May 1996, after three years in pretrial detention, Rached Jaïdane was
sentenced, together with 11 co-defendants, to 26 years’ imprisonment for an attempted
attack aimed at changing the Government (art. 72 of the Criminal Code) and for conspiracy
(arts. 131 and 132) by the Criminal Division of the Court of Appeal of Tunis ruling at first
instance. They were accused of having fomented an attack on the congress of the
Rassemblement constitutionnel démocratique, the ruling party, on hotels and on the
synagogue of Djerba, and of having planned to kidnap the daughter of the Minister of the
Interior and the daughter of Ben Ali. They were all convicted following an expedited 45minute trial based on confessions obtained through torture. As an appeal in criminal
proceedings could not be lodged under Tunisian law prior to the year 2000, the convicted
persons filed an appeal in cassation. Their appeal was dismissed the following month.
Conditions of detention while serving the sentence
2.11 Rached Jaïdane was detained successively in the following prisons: 9 April Prison
from 1993 until the end of 1997; Nadhor Prison from 1997 to 1998; Borj Erroumi Prison
from 1998 to 1999; Mahdia Prison from 1999 to 2001; Monastir Prison from 2001 to 2002;
Gabès Prison from 2002 to 2003; and Borj Erroumi Prison from 2003 to 2006. His family
was not allowed to visit him in prison until December 1993. He was repeatedly subjected to
solitary confinement during his detention, sometimes for very long periods. At 9 April
Prison, where he was placed in pretrial detention after being held in custody at the Ministry
of the Interior, he was placed in an isolation cell on numerous occasions for periods ranging
from 10 to 45 days as punishment for asserting his rights. He was placed in a cell
measuring about 3 by 3 metres, sometimes alone and sometimes with other detainees. The
cell contained no bed or blanket and only a hole for use as a toilet. The detainees were
provided with only one piece of bread per day. They were denied access to showers and
were not allowed out for a walk. When he was alone, Rached Jaïdane was usually chained
to the wall by his left leg and right wrist. During the last 30 months of his detention in 9
April Prison, he was held in solitary confinement, alone in a room measuring 3 by 2.5
metres. He was allowed out, separately from other prisoners, only twice each day for
between 5 and 10 minutes. Thus, as a result of repeated placement in isolation cells and 30
months of solitary confinement, Rached Jaïdane spent about four years in solitary
confinement in the E wing of 9 April Prison. He frequently heard cries from prisoners who
were tortured or chained to the bars of their cell door. He was able to communicate through
the door with several other Islamist detainees held in solitary confinement.
2.12 When he was not placed in solitary confinement or in an isolation cell, Rached
Jaïdane was successively placed in several overcrowded cells in which the majority of the
prisoners slept on the floor, between the beds or even under the beds. One of the most
overcrowded cells, which was known as the “Karaka” and was located in the G wing,
accommodated about 400 prisoners who shared only two toilets. Like other prisoners of
conscience, Rached Jaïdane was often deprived of his weekly shower.
2.13 In addition to the deplorable conditions of detention, Rached Jaïdane was repeatedly
tortured during his detention in 9 April Prison. Each placement in the isolation cell was
preceded by a torture session, during which guards beat his entire body with batons, plastic
pipes and kicks. On each occasion they stretched him out on the ground, tied up his wrists
and ankles, and struck the soles of his feet with a truncheon or a plastic tube before locking
him up in the isolation cell. During two of the sessions, Rached Jaïdane lost consciousness.
He awoke with a prison doctor by his side, nicknamed “the Serb”, who made sure that he
had no fractures but never provided any care. The abuse and placement in isolation cells
were escalated for several months.
2.14 At the end of 1994, Rached Jaïdane was assaulted by the head of one of the prison
wings. He insulted the detainee, who returned the insult. In retaliation, the prison guard
stripped the detainee naked, handcuffed him to the door of one of the isolation cells, beat
him from head to foot with a wooden stick for about an hour, and then placed him in a cell
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