Communication N° 189/2001
Submitted by: Mr. Bouabdallah LTAIEF (represented by the non-governmental organization VéritéAction)
Alleged victim: The complainant
State party: Tunisia
Declared admissible: 20 November 2002
Date of adoption of Views: 14 November 2003
Subject matter: torture of complainant by police and
intelligence services
and that his father was even detained himself for an
entire day, because he had been making such
representations.
Procedural issues: exhaustion of domestic remedies;
abuse of the right to lodge a complaint
2.2 While being held on Interior Ministry
premises, in the cells of the national guard in
Bouchoucha and in the police headquarters of Gabès
governorate, the complainant maintains that he was
subjected to eight torture sessions and provides a
detailed description of these sessions.
Substantive issues: failure to take effective measures
to prevent torture; failure to ensure that acts
of torture are offences under State party
criminal law; failure to institute legal
proceedings against those responsible for
torture; use of evidence obtained as a result
of torture; lack of investigation of the acts of
torture and examination of allegations of
torture; sentence based on a confession
obtained as a result of torture; cruel,
inhuman and degrading treatment or
punishment
2.3 He describes what is customarily known as the
“roast chicken” position, in which the victim is
stripped naked, his hands tied and his legs folded
between his arms, with an iron bar placed behind his
knees, from which he is then suspended between two
tables and beaten, in particular on the soles of his
feet. The complainant says that his torturers blew
cigarette smoke into his face to choke him.
Articles of the Convention: 1, 2 (1), 4, 5, 11, 12, 13,
14, 15, 16
2.4 The complainant also claims to have been
tortured in the “upside-down” position whereby the
victim is stripped, hands tied behind his back and
suspended from the ceiling by a rope tied to one or
both of his feet, with his head hanging downwards.
In this position he is kicked and struck with sticks
and whips until he passes out. The complainant adds
that his torturers tied a piece of string to his penis
which they then repeatedly tugged, as if to tear his
penis off.
1.1 The complainant is Mr. Bouabdallah Ltaief, a
Tunisian citizen born on 2 June 1967 in Gabès,
Tunisia, and a resident in Switzerland since 18
March 1999, where he obtained refugee status. He
claims to have been the victim of violations by
Tunisia of the provisions of article 1, article 2,
paragraph 1, article 4, article 5, article 11, article 12,
article 13, article 14, article 15 and article 16 of the
Convention. He is represented by the nongovernmental organization Vérité-Action.
2.5 The complainant claims to have been
subjected to the “falka”, in which the victim’s feet
are tied to a bar which is then lifted so that his
torturers can lash the soles of his feet.
1.2 Tunisia ratified the Convention against
Torture and Other Cruel Inhuman or Degrading
Treatment or Punishment and made the declaration
under article 22 of the Convention on 23 September
1988.
2.6 The complainant also claims to have been
subjected to the “chair” torture, in which the victim
is stripped and tied to a chair, with his hands behind
his back, and beaten across the face, chest and
abdomen. He says that his torturers mopped up his
blood with paper which they then stuffed into his
mouth to stifle his cries.
The facts as submitted by the complainant
2.1 The complainant states that he was an active
member of the Islamist organization ENNAHDA
(formerly MTI). In July 1987, he was detained while
on a camping trip with scouts. The complainant says
that he asked the police officers if they were acting
on the basis of a judicial warrant, but he was finally
forced at gunpoint to remain silent. He states that,
during his interrogation, he was deprived of food and
sleep and subjected to intimidation by being forced
to witness other detainees being tortured. He says
that, despite requests to the local police, his family
were unable to ascertain where he was being held
2.7 The complainant was also prevented from
sleeping, from using the lavatory and from washing.
2.8 According to the complainant, following this
torture and ill-treatment, he was twice admitted to
the emergency service at Gabès hospital, but was
unable to receive any visitors or to contact his family
or his lawyer.
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