from that of remand prisoner to that of a prisoner
serving a custodial sentence, and bearing in mind the
requirements as to investigations in his case or in
other similar cases, he was transferred from one
prison to another, in accordance with the applicable
regulations. Moreover, the conditions in which the
complainant was held, wherever he was held, were
in keeping with the prison regulations governing
conditions for holding prisoners in order to ensure
prisoners’ physical and moral safety. The State party
also considers baseless the complainant’s allegations
improperly equating the conditions in which he was
held with degrading treatment. It points out that
prisoners’ rights are scrupulously protected in
Tunisia, without any discrimination, whatever the
status of the prisoner, in a context of respect for
human dignity, in accordance with international
standards and Tunisian legislation. Medical,
psychological and social supervision is provided,
and family visits are allowed.
9.2 Concerning the preventive arrangements for
combating torture, the complainant considers that the
State party has confined itself to listing an arsenal of
laws and measures of an administrative and political
nature which, he says, are not put into effect in any
way. To support this assertion he cites reports
prepared by the non-governmental organization
“National Council for Fundamental Freedoms in
Tunisia” (CNLT).8
9.3 In relation to the establishment of a legislative
reference system to combat torture, the complainant
considers that article 101 bis of the Code of Criminal
Procedure was adopted belatedly in 1999, in
particular in response to the concern expressed by
the Committee against Torture at the fact that the
wording of article 101 of the Criminal Code could be
used to justify serious abuses involving violence
during questioning. He also claims that this new
article is not applied, and attaches a list of the
victims of repression in Tunisia between 1991 and
1998 prepared by the non-governmental organization
“Vérité-Action”. He also points out that the cases
cited by the State party to demonstrate its
willingness to act to combat torture relate only to
accusations of abuse of authority and violence and
assault, as well as offences under the ordinary law,
and not to cases of torture leading to death or cases
involving physical and moral harm suffered by the
victims of torture.
8.7 Contrary to the allegations that the medical
consequences suffered by the complainant are due to
torture, the State party rejects any causal link.
Moreover, according to the State party, the
complainant was treated for everyday medical
problems and received appropriate care. Lastly,
following an examination by the prison doctor, the
complainant was taken to see an ophthalmologist,
who prescribed a pair of glasses on 21 January 1997.
9.4 Concerning the practice of torture and
impunity, the complainant maintains that torturers do
enjoy impunity, and that in particular no serious
investigation has been carried out into those
suspected of committing crimes of torture. Contrary
to the claims made by the State party, he states that
he endeavoured to lodge a complaint with the
military court on several occasions, but that the
president of the court always ignored his statements
relating to torture on the grounds that he had no
medical report in his possession. According to the
reports prepared by CNLT, the court heard from the
various accused and their counsel a long account of
the atrocities committed by the officials of the State
security division. According to the complainant,
from among the total number of 170 prisoners
scheduled to be tried before the Bouchoucha military
court, the prison authorities selected only 25 to be
given medical checks by military doctors. He claims
that he was not informed of this check when he was
being held in remand, but learned of it only in court.
According to the complainant, the president ignored
the fact that the other accused had not had medical
checks, and it is false to claim that he himself freely
8.8 Concerning the allegations that he was denied
visits, according to the State party the complainant
regularly received visits from his wife, Aicha Thabti,
and his brother Mohamed Thabti, in accordance with
the prison regulations, as demonstrated by the
visitors’ records in the prisons in which he was held.
8.9 Concerning the allegations relating to
administrative supervision and the social position of
Mr. Thabti’s family, according to the State party, the
administrative supervision to which the complainant
was subject after having served his prison term, and
which he equates with ill-treatment, is in fact an
additional punishment for which provision is made
in article 5 of the Criminal Code. The State party
therefore considers that the punishment cannot be
regarded as ill-treatment under the Convention
against Torture. Lastly, contrary to the
complainant’s allegations, the State party maintains
that the complainant’s family is not suffering from
any form of harassment or restrictions, and that his
wife and his children are in possession of their
passports.
Observations by the complainant
9.1 In his observations dated 20 May 2003, the
complainant seeks to respond to each of the points
contained in the above observations by the State
party.
8
“Le procès-Tournant : A propos des procès militaires de
Bouchoucha et de Bab Saadoun en 1992”, October 1992;
“Pour la réhabilitation de l’indépendance de la justice”,
April 2000–December 2001.
115
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