Press release on the occasion of the reporter of the United Nations concerned with Torture opposition in Tunisia visit during the 4, 5 and 6 June.
The United Nations reporter concerned with the Torture opposition Mr. "Juan Mendez" will visitTunisia from 04/06/2014 till 06.06.2014; in the context of observing the Tunisian republic implementation of his recommendations introduced during his first visit to our country occurred from :15 till 22 May 2011.
During his second visit, after the revolution; Mondas will meet government responsible and civil society organizations dealing with human rights.
After his first visit; Monads published a report in which he presented a series of recommendations to the Tunisian State about the situation of human rights in Tunisia and on the basis of implementing it and working on it.And This visit is to observe the procedures taken by the Tunisian government in this field .
The main recommendations introduced in Mendez report are summarized in the following matters :
First concerning the impunity:
• Taking procedures to search and investigatethe excessive use of force and torture took place during and after the revolution, and the punishment of perpetrators and compensation of the victims and their families and their rehabilitation
Investigation about torturecaseswhich took place during the government of Ben Ali without any delay ;and juridicalpursuit of the responsible and compensation of victims.
• Remove all obstacles to open all the murderand torture cases files that took place in the past ant put it away from any political quotas and ensure that no file related to the violations was destroyed and all the legal pursuits mustinclude all murder cases.
• Assist torture and ill-treatment victims to complaint and get their rights.
• Declaration ofa victims’ rehabilitation and compensation law.
• provide psychological and health assistance to victims through appropriate mechanisms and programs through public health institutions and Health Ministry and private medical sector and civil society plansin this field .
• Judicial system reform to be independent and develop theMinistry of Justice competence and to rebuild thepublic confidence in the justice.
Secondly, concerning the detention conditions; Mendez report recommended the following:
- Make efforts to develop the detention conditions and guarantee thedetainers right for health, food, and separate children from adults; and the first time detainers from who were imprisoned before.
- Find an effective independent pursuit procedure in alldetention places and ensure that all detainees have access toviolations complaints procedures in these places And investigate in on each complaint separately from the other one. And to not take revenge on the owners of these complaints and complaint procedures must be known and accessible to the public, including detainers; either by telephone lines or complaints funds in the detention places.
Third, with regard to the torture prevention procedures, the reporter recommended the following procedures:
- the highest authorities, especially those responsible for law implementation must declare that they will not tolerate the exercise of torture or ill-treatment by public officials and he will deal personally with that and he will punish who was the responsible when violation is committed.
- Encourage judges and public prosecutors to ask questions to detainers who are in the case of judgment about: how they were treated and order to make medical examinations to arrested persons by independent doctors; according to theIstanbul Protocol principles and if it is proved that they were violated .And open an investigation whenever it is thought that confessions has been gotten under torture or ill-treatment.
- Ensure the physical safety of the detainers and reduce the detention period to a maximum of 48 hours, and guarantee their right to use a lawyer according to the law;and an independent medical examination should be occurred to every new prisonerwhen entered to the prison and register the police interrogationwith a video.
- Put a legislationconform to the article 15 of the Convention against Torture to invalidate any confession takenunder torture.
- Guarantee a medical staff independent from the administrative bodies of the ministry of justice in detention placesand include this staff to the Healthministry and give it training in the torture investigation field.
- The creation of a national mechanism for the prevention of torture in accordance with the international standards.
- Training of security forces and the control of their practice according to a writtenbehavior cagreementin accordance with international laws and standards and to organize programs and courses on the
Torture opposition Convention principles and this is in favor of the police and the legal and the judiciaryprofession.
- The reform of the security system and restructuring and profess the cutting with the previous security system
After three years since the release of the report, there is no significant development, either concerning the impunity orconcerning thedetention conditions or concerning the procedures relating to the prevention of torture.
the revolution martyrs and injuries families and their lawyers confirms that the trial of accused people before military courts were not just which calling for the creation of an appropriate legal mechanisms to uncover the truth and get justice for victims .
After that the Constituent Assembly approved the transitional justice law and they chose the members of the truth and the dignity council who have not started work yet, as there are some human rights bodies found that the composition of this council was subjected to political quotas.
And till today; victims of torture cannot find care or any medical or psychological assistance bythe state health institutions, except the efforts done by some human rights organizations. And up till now there no discuss about the creation of a public health structure for the care of victims of torturestarts, except during the recent period. And virtually there is no real public work in this context.
Regarding complaints of torture, either inside or outside places of detention, which can be confirmed, is that they suffer from slow procedures that could lead to the abandonment of the victims of their rights. And there is a legal principle says that the Justice delayed; just denied.
And up till now the detention places and prisons suffer from overcrowding and the bad health services and poor nutrition ;besides the human rights violations which are not investigating or punished or the order for the necessary medical tests to prove torture .
There are now in the National Constituent Assembly draftson the purpose to ratify the Criminal Procedure codewhich mention that the detention of the suspicious can attend 96 hours, contrary to the reporter recommendations, who recommended that the maximum detention duration is 48 hours.
The article 13 of the draft said that the meeting of the lawyer of his client should be occurred under the written consent of the.
There are other changes in the draft need to be discussed. Andthe Tunisian Organization against Torture insists to participate in the discussion of the proposed ratificationproposed by the Ministry of Justice.
In October 2011; Decree 106 has been issued, which has revised several articles of the Criminal Code and the Code of Criminal Procedure, but it could be noted in this decree that it does not include the criminalization of torture on the purpose punishment.
Which led to the consideration that these acts as normal violence exercising by public official on the public. This represents an exampleof impunity under law protection. The decree was limited to consider certain violations as torturecaused by racial discrimination and without indication to the criminalization of torture in other discrimination cases.
And till today there is no legal judgments against them, except one case and that is what reflects the impunityregarding this crime.
On October 21, 2013 the National Council approved the establishment of the National Commission for the Prevention of Torture. Up this date;it is not created to begin its work to visit detention places and receive torture complaints and investigate about it and forwarded to the competent administrative or judicial authorities.
The protocol signed between the justice ministry and some human rights organizations does not authorize to visit prisons, except after the announcement of that 24 hours in advance and that the reports of these visits could not been published or discussed in the public onlyafter sending a copy of to the Justice ministry before two weeks at least , and that is in non – urgent matters.
The article 10 of this agreement remains valid until the issuance of the National Commission for the Prevention of Torture law, which means thatthis agreement became invalid since October 21, 2013.
The Tunisian Organization against Torture demands governments to implement the recommendations of the Reporter because of its importance and its direct impact on the evolution of the situation of human rights in Tunisia.
This implementation demand is also appliedon the recommendations made by the local and international human rights organizations.
Tunisian Organization against Torture