very small window high up on the cell wall, it was
difficult to breathe, and the overcrowding was so bad
that the detainees were unable even to sit.
received medical treatment and psychotherapy at a
Swiss psychiatric centre.
2.20 As to whether all domestic remedies have
been exhausted, the complainant argues that, while
such remedies might be provided for in Tunisian law,
they are impossible in practice because of the bias of
judges and the impunity granted to those responsible
for violations. He adds that the regulations
governing the activities of bodies which play a role
in upholding human rights, such as the Higher
Committee for Human Rights and Fundamental
Freedoms and the Constitutional Council, prevent
them from supporting complaints of torture. To back
up his argument, he cites the reports of such
non-governmental organizations as Amnesty
International, the International Federation for
Human Rights and Human Rights Watch.
2.15 The complainant explains that, in a bid to
lessen the torture against him, including solitary
confinement for periods of between 3 days and one
and a half months, he was forced on at least 15
occasions to mount hunger strikes, lasting for
periods of between 5 and 28 days.
2.16 On the day of his release, 24 July 1997, the
complainant was escorted to the Bouchoucha
detention centre, where he was questioned about his
plans for the future as a militant and about his fellow
detainees. According to the complainant, this
questioning was followed by a session of mental
harassment and threats. He says that he was released
at 4 p.m. with instructions to report to the local
police the moment he arrived in his home region of
Gabès. There he was subjected to further questioning
for a period of four hours. He was ordered to report
twice a week to the regional police headquarters and
daily at the local police station. According to the
complainant, this administrative supervision was
accompanied by police checks, including at night, of
him and his family, the denial of his right to work
and to study, refusal to issue a passport to his father
and the confiscation of his brother’s passport. He
was also required to obtain permission from the local
police for any movement away from his place of
residence, a requirement which was accompanied by
further questioning about his relatives and people
with whom he had contacts. The complainant adds
that he was detained for 48 hours in November 1998,
during President Ben Ali’s visit to Gabès
governorate. He maintains that, whenever he had any
contact with others living in the neighbourhood, both
he and the people he met would be taken in for
questioning.
The complaint
3.1 The complainant maintains that the Tunisian
Government has breached the following articles of
the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment:
Article 1. The practices described above, such
as “falka”, the “roast chicken” position, the
“upside-down” position, the “chair”, etc., to
which the complainant was subjected,
constitute acts of torture.
Article 2, paragraph 1. It is alleged that the
State party not only failed to take effective
measures to prevent torture, but even
mobilized its administrative machinery and, in
particular, its police force as an instrument of
torture against the complainant.
Article 4. It is alleged that the State party has
not ensured that all the acts of torture to which
the complainant has been subjected are
offences under its criminal law.
2.17 Given this situation, the complainant explains
that he then fled Tunisia for Switzerland, where he
obtained refugee status.3
Article 5. It is alleged that the State party has
instituted no legal proceedings against those
responsible for torturing the complainant.
2.18 The complainant provides a list of people who
subjected him to torture and ill-treatment.4
Article 11. It is alleged that the authorities
have not used their supervisory powers to
prevent torture; instead, specific instructions
have been given that torture is to be applied.
2.19 The complainant describes the consequences
of the torture and ill-treatment that was inflicted on
him, namely, an operation in 1988 to remove a fatty
growth at the back of his head caused by violent
blows administered under torture; scars of cigarette
burns on his feet; kidney pains resulting from the
detention conditions; and mental problems: he
submits a medical certificate attesting to a
neuropsychiatric disorder and showing that he has
Article 12. It is alleged that the State party has
not carried out an investigation of the acts of
torture committed against the complainant.
Article 13. It is alleged that the State party has
not effectively upheld the complainant’s right
to lodge a complaint with the competent
authorities.
Article 14. It is alleged that the State party has
ignored the complainant’s right to make a
3
He entered Swiss territory on 18 March 1999. There is
no indication of the date when he obtained refugee status.
4
Available for information in the file.
135
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