medical examination was refused (see para. 2.15), he
enjoyed appropriate care and proper medical
supervision, as stipulated in the prison regulations,
throughout his stay in prison.
continuing to live a normal life, and in particular to
pursue his studies following his release in 1994. It is
pointed out that the fact that it was not possible for
those studies to be completed could not constitute
proof of alleged restrictions imposed within the
framework of administrative supervision. According
to the State party, the allegations of abuse are
unfounded, and the summonses produced by the
complainant do not constitute ill-treatment or an
abuse of the administrative supervision procedure. In
addition, the State party indicates that the summons
dating from 1998 constitutes irrefutable evidence
that the complainant’s allegations are false. It also
maintains that the complainant’s family is not
suffering from any form of harassment or restrictions,
that the complainant’s mother is receiving a pension
following the death of her husband, and that the
family is living in decent circumstances.
8.8 Concerning the allegations that he was denied
visits, according to the State party the complainant
regularly received visits from his brother Belhassen
Abdelli, 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 article
11 of the Convention, the State party rejects them
and refers to systematic monitoring7 of compliance
with rules, instructions, methods and practices of
interrogation and provisions relating to the holding8
and treatment of persons who have been arrested,
detained or imprisoned.9
Observations by the complainant
8.10 Concerning the allegations relating to
administrative supervision and the social situation of
Mr. Abdelli’s family, the State party explains that
administrative supervision cannot be equated with
ill-treatment under the Convention against Torture
because it is in fact an additional punishment for
which provision is made in article 5 of the Criminal
Code. According to the State party, the application
of this measure did not prevent the complainant from
9.1 In his observations dated 20 May 2003, the
complainant sought to respond to each of the points
contained in the above observations by the State
party.
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).10
7
In addition to legislation, protective institutional
machinery has been set up by stages, including surprise
visits to prisons by the Chairman of the Higher Committee
for Human Rights and Fundamental Freedoms, and the
creation on 31 July 2000 of a post of “judge for the
enforcement of sentences” who is responsible for closely
monitoring the enforcement of custodial sentences and
conducting periodic visits to prisons.
8
Act N° 99-90 of 2 August 1999 amended and
supplemented a number of provisions of the Code of
Criminal Procedure, and in particular reduced the length
of police custody to three days, renewable once only for a
further three days. Under the Act, criminal investigation
officers may not hold a suspect for more than three days;
they must notify the public prosecutor, who may, by
written decision, extend the length of police custody once
only for a further three days. The criminal investigation
officer must inform the suspect of the measure being taken
against him and its duration, and his rights under the law,
notably the possibility of undergoing a medical
examination during his period in custody. The officer
must also inform one of the suspect’s parents or children,
brothers or sisters or spouse, as selected by him, of the
measure being taken against him. These safeguards were
further strengthened under the constitutional reform of 26
May 2002, which granted constitutional status to
supervision of police custody by the judiciary, stipulating
that this custodial measure could be imposed only by
order of a court.
9
The Act of 24 April 2001 on conditions for the
imprisonment and treatment of detainees strengthened
safeguards for the protection of prisoners and provided for
prisoners to be prepared for a working life by offering
them opportunities for paid employment.
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.
10
“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.
129
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