CAT/OP/TUN/2 I. Introduction 1. The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment undertook its first visit to Tunisia between 11 and 14 April 2016, in accordance with the provisions of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 2. The delegation was composed of the following members of the Subcommittee: Hans-Jörg Viktor Bannwart (head of delegation), Suzanne Jabbour and Gnambi Garba Kodjo. The Subcommittee members were assisted by three staff members from the Office of the United Nations High Commissioner for Human Rights (OHCHR), including a security officer, and by two local interpreters. 3. The main purpose of the visit was to support the establishment of the National Authority for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which is the national preventive mechanism, and to provide advice and technical assistance to the Government of Tunisia and to the appointed members of the mechanism, so as to ensure the mechanism’s effective and independent functioning as soon as possible. This report sets out observations and recommendations to the mechanism, in accordance with article 11 (b) (ii) and (iii) of the Optional Protocol. 4. During its visit, the Subcommittee held two private meetings, on 13 and 14 April 2016, with members of the mechanism elected by the Assembly of People’s Representatives, 1 at which it considered issues related to the mechanism’s effective establishment, provisional and long-term operation, mandates, independence, visibility and relationship with other national and international bodies involved in preventing and combating torture and to the objectives of torture prevention, such as the modalities for visits and the recommendations to be issued following visits. The Subcommittee wishes to thank them for their cooperation and for the valuable information provided. 5. The Subcommittee also met representatives of the Government of Tunisia, in particular from the Ministry for Relations with Constitutional Bodies, Civil Society and Human Rights, the Ministry of Justice, the Ministry of Social Affairs, the Ministry of the Interior, the Ministry of Foreign Affairs, the Ministry of National Defence and the Ministry of Public Health; the Chair of the Electoral Commission of the Assembly of People’s Representatives, the first President of the Tunis Court of Appeal and representatives of Tunisian judges and lawyers; representatives of the High Committee on Human Rights and Fundamental Freedoms, which is the national human rights institution, the Truth and Dignity Commission and the Administrative Ombudsman in the Office of the President; representatives of international organizations, including the United Nations, the Council of Europe, the European Union and the Geneva Centre for the Democratic Control of Armed Forces; the chief of the OHCHR office in Tunis; and members of civil society organizations.2 6. In this report, the Subcommittee presents to the mechanism its findings and recommendations concerning the prevention of torture and ill-treatment of persons deprived of their liberty in the State party. It uses the generic term “ill-treatment” to refer to any form of cruel, inhuman or degrading treatment or punishment. 3 7. In accordance with the mandate conferred upon it in article 11 (b) (iv) of the Optional Protocol, the Subcommittee has sent the State party authorities a confidential report separate from this report, presenting them with recommendations. 1 2 3 GE.17-13879 They had not yet been sworn in by the Head of Government, nor had they been officially appointed as members of the National Authority for the Prevention of Torture; they were formally appointed and sworn in on 5 May and 4 July 2016, respectively. For the complete list, see the annex. See the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 16. 3

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