providing the results of the medical checks allegedly
carried out on Mr. Abdelli while he was being held.
The Committee also takes note of the State party’s
failure to comment on the precise allegations set out
above relating to 1995. Lastly, the Committee notes
the existence of detailed and substantiated
information provided by the complainant concerning
his hunger strikes in Tunis central prison in 1995 and
in Grombalia prison from 28 November to 13
December 1997, mounted in order to protest against
the treatment he had suffered and to secure medical
care. The complainant refers to letters sent to the
prisons administration following his hunger strikes,
which produced no result. The Committee notes that
the State party has not commented on this
information. The Committee considers that these
elements, taken together, should have been enough
to trigger an investigation, which was not held, in
breach of the obligation to proceed to a prompt and
impartial investigation under article 12 of the
Convention.
in order to lodge his complaint, for example by
presenting to the court a certificate proving that a
complaint had been lodged with the office of the
public prosecutor, or displaying obvious traces of
torture or ill-treatment, or submitting a medical
report. On this latter point, to which the Committee
wishes to draw its attention, it is clear that the
complainant maintains that his request for a medical
examination in 1992 was refused, and that the State
party challenges this allegation on the grounds that
the complainant enjoyed appropriate care and proper
medical supervision, as stipulated in the prison
regulations, throughout his stay in prison. The
Committee observes that this response by the State
party is categorical and general and does not
necessarily answer the complainant’s precise
affirmation that he asked the judge in 1992 to order a
medical examination. Finally, the Committee refers
to its consideration of the report submitted by
Tunisia in 1997, at which time it recommended that
the State party should arrange for medical
examinations to be organized systematically when
allegations of abuse were made.
10.6 The Committee also observes that article 13 of
the Convention does not require either the formal
lodging of a complaint of torture under the
procedure laid down in national law or an express
statement of intent to institute and sustain a criminal
action arising from the offence, and that it is enough
for the victim simply to bring the facts to the
attention of an authority of the State for the latter to
be obliged to consider it as a tacit but unequivocal
expression of the victim’s wish that the facts should
be promptly and impartially investigated, as
prescribed by this provision of the Convention.14
10.8 In the light of its practice relating to article 13
and the observations set out above, the Committee
considers that the breaches enumerated are
incompatible with the obligation stipulated in article
13 to proceed to a prompt investigation
10.9 Finally, the Committee considers that there are
insufficient elements to make a finding on the
alleged violation of other provisions of the
Convention raised by the complainant at the time of
adoption of this decision.
10.7 The Committee notes, as already indicated,
that the complainant explains that he did complain to
judges in 1992 and 1995 of the treatment inflicted on
him, resorted to hunger strikes and wrote to the
prison authorities to complain about the conditions
imposed on him. The Committee regrets that the
State party has not responded or provided the
necessary clarification on these points. Moreover,
and notwithstanding the jurisprudence under article
13 of the Convention, the Committee notes the State
party’s position maintaining that the complainant
should have made formal use of domestic remedies
11. The Committee against Torture, acting under
article 22, paragraph 7, of the Convention, is of the
view that the facts before it disclose a violation of
articles 12 and 13 of the Convention.
12. Pursuant to rule 112, paragraph 5, of its rules
of procedure, the Committee urges the State party to
conduct an investigation into the complainant’s
allegations of torture and ill-treatment, and to inform
it, within 90 days from the date of the transmittal of
this decision, of the steps it has taken in response to
the Views expressed above.
14
Communications N° 6/1990 (Henri Unai Parot v. Spain)
and N° 59/1996 (Encarnación Blanco Abad v. Spain).
132
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