Committee’s admissibility decision
complainant’s allegations and reiterates its position
regarding admissibility.
7.1 At its twenty-ninth session, the Committee
considered the admissibility of the complaint, and on
20 November 2002 declared it admissible.
8.2 In relation to the allegations concerning the
State party’s “complicity” and inertia vis-à-vis
“practices of torture”, the State party indicates that it
has set up preventive2 and dissuasive3 machinery to
combat torture so as to prevent any act which might
violate the dignity and physical integrity of any
individual.
7.2 With regard to the issue of the exhaustion of
domestic remedies, the Committee noted that the
State party challenged the admissibility of the
complaint on the grounds that available and effective
domestic remedies had not been exhausted. In the
present case, the Committee noted that the State
party had provided a detailed description both of the
remedies available, under law, to any complainant
and of cases where such remedies had been applied
against those responsible for abuses and for
violations of the law. The Committee considered,
nevertheless, that the State party had not sufficiently
demonstrated the relevance of its arguments to the
specific circumstances of the case of this
complainant, who claims to have suffered violations
of his rights. It made clear that it did not doubt the
information provided by the State party about
members of the security forces being prosecuted and
convicted for a variety of abuses. But the Committee
pointed out that it could not lose sight of the fact that
the case at issue dates from 1987 and that, given a
statute of limitations of 10 years, the question arose
in the present case of whether, failing interruption or
suspension of the statute of limitations—a matter on
which the State party had provided no information—
action before the Tunisian courts would be
disallowed. The Committee noted, moreover, that
the complainant’s allegations related to facts that had
already been reported publicly to the authorities. The
Committee pointed out that to date it remained
unaware of any investigations voluntarily undertaken
by the State party. The Committee therefore
considered it very unlikely in the present case that
the complainant would obtain satisfaction by
exhausting domestic remedies, and decided to
proceed in accordance with article 22, paragraph 5
(b), of the Convention.
8.3 Concerning the allegations relating to the
“practice of torture” and the “impunity of the
perpetrators of torture”, the State party considers that
the complainant has not presented any evidence to
support his claims. It emphasizes that, contrary to
the complainant’s allegations, Tunisia has taken all
necessary legal and practical steps, in judicial and
administrative bodies, to prevent the practice of
torture and prosecute any offenders, in accordance
with articles 4, 5 and 13 of the Convention. Equally,
according to the State party, the complainant has
offered no grounds for his inertia and failure to act to
take advantage of the effective legal opportunities
available to him to bring his case before the judicial
and administrative authorities (see para. 6).
Concerning the Committee’s decision on
admissibility, the State party emphasizes that the
complainant cites not only “incidents” dating back to
1987, but also “incidents” dating from 1995, 1996
and 1997, that is, a time when the Convention
against Torture was fully incorporated into Tunisian
domestic law and when he reports “ill-treatment”
that he claims to have suffered while being held in
“Tunis central prison” and “Grombalia prison”.
Hence the statute of limitations has not expired, and
the complainant should urgently act to interrupt the
limitation period, either by contacting the judicial
authorities directly, or by performing an act which
has the effect of interrupting the limitation. The State
party also mentions the scope for the complainant to
lodge an appeal for compensation for any serious
injury caused by a public official in the performance
7.3 The Committee noted, in addition, the
argument by the State party to the effect that the
complainant’s claim was tantamount to abuse of the
right to lodge a complaint. The Committee
considered that any report of torture was a serious
matter and that only through consideration of the
merits could it be determined whether or not the
allegations were defamatory. Furthermore, the
Committee believed that the complainant’s political
and partisan commitment adduced by the State party
did not impede consideration of this complaint, in
accordance with the provisions of article 22,
paragraph 2, of the Convention.
2
This includes instruction in human rights values in
training schools for the security forces, the Higher
Institute of the Judiciary and the National School for
training and retraining of staff and supervisors in prisons
and correctional institutions; a human-rights-related code
of conduct aimed at senior law enforcement officials; and
the transfer of responsibility for prisons and correctional
institutions from the Ministry of the Interior to the
Ministry of Justice and Human Rights.
3
A legislative reference system has been set up: contrary
to the complainant’s allegation that the Tunisian
authorities have not criminalized acts of torture, the State
party indicates that it has ratified the Convention against
Torture without reservations, and that the Convention
forms an integral part of Tunisian domestic law and may
be invoked before the courts. The provisions of criminal
law relating to torture are severe and precise (Criminal
Code, art. 101 bis).
State party’s merits observations
8.1 In its observations of 3 April 2003 and 25
September 2003, the State party challenges the
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