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