CAT/C/31/D/188/2001
Page 19
Concerning the length of the trials, the complainant states that the 1992 trial was summary in
nature because it formed part of a spate of trials aimed at putting as many members of the
ENNAHDA movement as possible behind bars, while the 1995 trial was protracted since the
lawyers insisted on the principle of double jeopardy. The complainant also notes that the State
party is silent about his arrest a few months after the Presidential pardon of 1987.
9.8
Concerning the conditions in which he was held, the complainant considers that the State
party is taking refuge behind legal texts in order to dismiss the detailed information he provides.
He points out that the question of transferring him for the purposes of the investigation never
arose, and calls on the State party to prove the contrary.
9.9
In relation to visits, the complainant explains that each time he was transferred, his
family had difficulty discovering his new place of detention. He considers that denial of visits
constituted a form of revenge against him each time he sought to exercise a right and took action
to that end, for example in the form of hunger strikes. He points out that the prison entry and
exit logs can confirm his claims. In addition, the complainant’s family found it difficult to
exercise the right to visit him because of the conditions imposed on the visitors - the
complainant’s mother was ill-treated to make her remove her scarf, and was made to wait many
hours for a visit lasting a few minutes.
9.10 Concerning the allegations relating to the provision of care, the complainant draws the
Committee’s attention to the medical certificate contained in his file. Concerning the treatment
cited by the State party, the complainant demands the production of his medical file by the State
party.
9.11 In relation to administrative supervision, the complainant considers that any punishment,
including those provided for in the Tunisian Criminal Code, may be characterized as inhuman
and degrading if the goal pursued does not include the reconciliation of the offender with his
social environment. He points out in particular that his resumption of his studies prompted a
tightening of the administrative supervision, including imposition of an obligation to report to
the police twice a day, insistent surveillance by the university police and a ban on contacts with
the other students. Concerning his summonses, the complainant states that the three years which
elapsed between his two summonses in 1995 and 1998 corresponded to the period he spent in
prison after being arrested again in 1995. According to the complainant, administrative
supervision serves only to bolster the police’s stranglehold over the freedom of movement of
former prisoners.
9.12 Concerning the situation of his family, the complainant records the suffering caused by
the police surveillance and various forms of intimidation. He mentions that two of his brothers
(Nabil and Lofti) were imprisoned in advance of his arrest, and that his mother was detained for
a whole day. In addition, according to the complainant, the authorities’ deliberate decision to
move him far from his family affected the pattern of the visits.
9.13 Concerning the application of article 11 of the Convention, the complainant considers
that the State party once again contents itself with a theoretical description of its legal arsenal
and a reference to the activities of the Higher Committee on Human Rights and Fundamental
Freedoms, a non-independent institution. Citing documents issued by non-governmental