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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