July 1991, and refused all visits, mail, medicine and
necessary medical attention, except for one visit, on
18 July 1991, by Dr. Moncef Marzouki, President of
the Tunisian Human Rights League. The
complainant adds that he was not fed properly, that
he was denied the right to practise his religion and
that he was once again subjected to torture.
2.17 Finally, the complainant states that members
of his family, in particular his wife and their five
children, have been the victims of harassment (nighttime raids, systematic searches of their home,
intimidation, threats of rape, confiscation of property
and money, detention and interrogation, constant
surveillance), and of ill-treatment (the complainant’s
son Ezzedinne has been detained and severely beaten)
by the police throughout the period of his detention
and after he fled the country, continuing until 1998.
2.13 From 28 July 1991, when his period of police
custody ended, the complainant was repeatedly
transferred between different prison establishments
in the country—in Tunis, Borj Erroumi (Bizerte),
Mahdia, Sousse, Elhaoireb and Rejim Maatoug—
which transfers, he maintains, were designed to
prevent him having any contact with his family.
2.18 As to whether all domestic remedies have
been exhausted, the complainant states that he
complained of acts of torture committed against him
to the Bouchoucha military court, in the presence of
the national press and international human rights
observers. He maintains that the president of the
court tried to ignore him but, when he insisted,
replied that nothing had been established. In addition,
the judge refused outright the complainant’s request
for a medical check.
2.14 The complainant describes the bad conditions
in these detention facilities, such as overcrowding,
with 60–80 persons in the small cells in which he
was held, and the poor hygiene, which caused
sickness: he maintains that, as a result, he developed
asthma and suffered skin allergies and that his feet
are now disfigured. He states that on several
occasions he was placed in solitary confinement,
partly because of the hunger strikes he mounted in
the 9 April prison in Tunis over 12 days in July 1992,
and in Mahdia over 8 days in October 1995 and 10
days in March 1996, as a protest against the
conditions in which he was being held and the illtreatment to which he was subjected, and partly by
arbitrary decision of the prison warders. He also
stresses that he was stripped naked and beaten in
public.
2.19 The complainant adds that, after the hearing
and his return to prison, he was threatened with
torture if he repeated his claims of torture to the
court.
2.20 The complainant maintains in addition that,
from 27 May 1997, the date of his release, his house
arrest prevented him from lodging a complaint. He
explains that the Remada police and gendarmerie
took part a continuing process of harassment and
intimidation against him during the daily visits he
made for the purposes of administrative supervision.
According to the complainant, the mere fact of
submitting a complaint would have caused increased
pressure to be applied against him, even to the point
of his being returned to prison. Being under house
arrest, he was also unable to apply to the authorities
at his legal place of residence, in Tunis.
2.15 On 9 July 1992 the complainant’s case was
heard by the Bouchoucha military court in Tunis. He
maintains that he was only able to have one meeting
with his counsel, on 20 July 1992, and that it was
conducted under the surveillance of the prison
warders. On 28 August 1992, he was sentenced to a
term of six years’ imprisonment.
2.21 The complainant maintains that, while
Tunisian law might make provision for the
possibility of complaints against acts of torture, in
practice, any victim submitting a complaint will
become the target of intolerable police harassment,
which acts as a disincentive to the use of this remedy.
According to the complainant, any remedies are
therefore ineffective and non-existent.
2.16 On completion of his sentence on 27 May
1997, as indicated in the prison discharge papers he
submits, the complainant was placed under
administrative supervision for a period of five years,
which effectively meant that he was placed under
house arrest in Remada, 600 kilometres from Tunis,
where his wife and children were living. Four
months later, on 1 October 1997, he fled Tunisia for
Libya then made his way to Switzerland, where he
obtained political refugee status on 15 January 1999.
In support of his statements, the complainant
submits a copy of the report issued on 10 March
1996 by the Tunisian Committee for Human Rights
and Freedoms, describing his condition after his
release, and a certificate from the Swiss Federal
Office for Refugees, on the granting of his political
refugee status. The complainant adds that, after he
had fled from the country, he was sentenced in
absentia to 12 years’ non-suspended imprisonment.
The complaint
3.
The complainant maintains that the Tunisian
Government has breached the following articles of
the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment:
Article 1. The practices described above, such
as the “roast chicken” position, the
“upside-down” position, the “scorpion”
position, immersion torture, “table torture”
and solitary confinement, to which the
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