CAT/C/57/D/551/2013 arrest report. Whereas he was actually arrested at his home in a town near Tunis on 1 September 2009, the report states that he was arrested in a street in Tunis on 6 September 2009. On 9 September, i.e. three days after the official date of his arrest, the prosecutor authorized the extension of his custody until 11 September, without even having seen him. 2.5 On 11 September 2009, the complainant was taken before an investigating judge, who told him that he could not question him there and then because of the appalling state of the complainant’s health. The complainant was accompanied by three lawyers, and his wife was present in the court. They all saw the marks of blows on the complainant’s body.2 The complainant described the torture he had undergone to the investigating judge. The latter told him he should just file a complaint with the prosecutor and ordered him to be placed in detention in Mornaguia prison. 2.6 On 12 September 2009, the complainant was examined by a doctor in Mornaguia prison. During the consultation, the complainant talked about the torture to which he had been subjected. The doctor got him to sign a paper testifying that he had been tortured in the 10 days leading up to his imprisonment. 3 When the complainant next saw the investigating judge, on 18 September 2009, the complainant showed him the marks of the physical abuse he had suffered and again recounted the acts of torture to which he had been subjected. One of his lawyers insisted that the judge mention the traces of torture in the minutes of the questioning, but the judge refused. At each hearing by the investigating judge, the complainant retracted the confession he had signed under torture. But none of the minutes prepared by the investigating judge make any mention of the torture allegations. On 26 September 2009, one of the complainant’s lawyers filed a complaint with the Tunis public prosecutor about the torture of his client. 4 No action was ever taken over this complaint, although it was registered. 2.7 On 31 October 2011, over two years after the complainant’s arrest, the Tunis court of first instance ruled against the complainant.5 In front of the judges and in the presence of his three lawyers, the complainant again denounced the torture to which he had been subjected. Despite this, and on the basis of the confession extracted by torture, the court sentenced him to 22 years in prison on a number of counts, including criminal conspiracy. It also sentenced him to 10 years in prison in another case involving trafficking in limousines. On 22 December 2011, one of his lawyers filed a new complaint for torture with the Tunis public prosecutor, pointing out that no action had been taken over the earlier complaint and that his client had been convicted on the basis of a confession extracted by torture. The lawyer asked for an investigation into the acts of torture, for his client to be given a medical examination and for the confession to be struck out by the judge hearing the appeal. 2 3 4 5 GE.16-13706 The complainant provides an undated letter from his lawyer which confirms that, during the hearing, the complainant told the judge that his confession had been extracted by torture and that he had filed a complaint in September 2009 that had never been processed. The complainant also declared that another complaint had been filed concerning his unlawful arrest and his torture during questioning. The complainant asked the judge to exclude the confession obtained by torture, but the judge had taken no account of his statements. Consequently, according to the lawyer, the court had handed down an unjust and unlawful judgment. The complainant also provides an undated letter from another lawyer that points out that the latter had raised the complainant’s allegations of torture with the investigating judge and that the complainant had stressed how he had been treated and had even shown the investigating judge the signs of torture on his body. The document (in Arabic) that the doctor had him sign is included in the file. The complainant refers to the complaint in Arabic attached to the file. The complainant refers to excerpts in Arabic from the court’s judgment, which are attached to the file. According to the complainant, the judge cited his confession as one of the grounds for his conviction. 3

Select target paragraph3