to the State party, as the status of the complainant had changed from that of remand prisoner to that of a prisoner serving a custodial
sentence, and bearing in mind the requirements as to investigations in his case or in other similar cases, he was transferred from one
prison to another, in accordance with the applicable regulations. Moreover, the conditions in which the complainant was held,
wherever he was held, were in keeping with the prison regulations governing conditions for holding prisoners in order to ensure
prisoners’ physical and moral safety. The State party points out that prisoners’ rights are scrupulously protected in Tunisia, without
any discrimination, whatever the status of the prisoner, in a context of respect for human dignity, in accordance with international
standards and Tunisian legislation. Medical, psychological and social supervision is provided, and family visits are allowed.
8.7Contrary to the allegations that the medical consequences suffered by the complainant are due to torture, the State party rejects
any causal link. Moreover, according to the State party, contrary to the complainant’s allegations that his request for a medical
examination was refused (see paragraph 2.15), he enjoyed appropriate care and proper medical supervision, as stipulated in the
prison regulations, throughout his stay in prison.
8.8Concerning 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.
8.9Concerning the allegations relating to article 11 of the Convention, the State party rejects them and refers to systematic
monitoringg of compliance with rules, instructions, methods and practices of interrogation and provisions relating to the holdingh and
treatment of persons who have been arrested, detained or imprisoned.i
8.10Concerning 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 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.
Observations by the complainant
9.1In 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.
9.2Concerning 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).j
9.3In 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.
9.4Concerning the practice of torture and impunity, the complainant maintains that torturers do enjoy impunity, and that in particular
no serious investigation has been carried out into those suspected of committing crimes of torture. He considers that, in his own case,
the State party’s observations display a selective approach to the facts by shifting from 1987 to 1996, whereas the most serious
violations occurred in 1991. The complainant also states that, whereas a State governed by the rule of law should automatically
follow up any report of a criminal act which may be regarded as a serious offence, the Tunisian authorities are content to accuse the
alleged victims of terrorism and manipulation. The complainant considers that his allegations are at the very least plausible in terms of
the detail of the torture he suffered (names, places and treatment inflicted), but the State party contents itself with a blanket denial.
The complainant did not mention torturers because of their membership of the security forces, but because of specific and repeated
attacks on his physical and moral integrity and his private and family life. The initiation of an investigation designed to check whether a
person belonging to the security forces has committed acts of torture or other acts does not constitute a violation of the presumption
of innocence but a legal step which is vital in order to investigate a case and, if appropriate, place it before the judicial authorities for
decision. In relation to appeals before the courts, the complainant considers that the State party has confined itself to repeating the
description of legal options open to victims set out in its previous submissions without responding to the last two sentences of
paragraph 7.2 of the decision on admissibility. He reiterates that the theoretical legal options described by the State party are
inoperative, while listing in support of this conclusion cases in which the rights of the victims were ignored.
9.5Concerning the complainant’s inertia and lack of action, he considers that the State party is inconsistent in holding that acts of
torture are regarded as serious offences in Tunisian law and accordingly prosecuted automatically, while awaiting a complaint by the
victim before taking action. He also re-emphasizes his serious efforts to demand a medical examination and an investigation into the
torture he had suffered.
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