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Ben Salem v Tunisia (2007) AHRLR 54 (CAT 2007) TUNISIA Communication 269/2005, Ali Ben Salem v Tunisia Decided at the 39th session, 7 November 2007, CAT/C/39/D/269/ 2005 Lack of investigation into allegations of torture of human rights defender Admissibility (exhaustion of local remedies, remedies must not be unduly prolonged, 8.5, 16.2) Torture (16.4) Evidence (failure of state to respond to allegations, 16.4) Remedies (prompt and impartial investigation, 16.7, 16.8) 1. The complainant is Mr Ali Ben Salem, a 73-year-old Tunisian national. He alleges he was the victim of violations by Tunisia of article 2(1), read in conjunction with article 1; article 16(1); and articles 11, 12, 13 and 14, read separately or in conjunction with article 16(1) of the Convention. He is represented by counsel. Factual background as presented by the complainant 2.1. The complainant has a long history of human rights activism in Tunisia, where, over the past 24 years, he has helped set up and run human rights monitoring organisations. In 1998, he co-founded the National Council for Fundamental Freedoms in Tunisia (CNLT), which the Tunisian Government refused to register as a legal nongovernmental organisation (NGO) and kept under constant surveillance. In 2003, he co-founded the Tunisian Association against Torture (ATLT). He and his colleagues have been subjected to harassment, threats and violence by the Tunisian government. 2.2. In March 2000, CNLT published a report setting out in detail all the systematic human rights violations committed by the Tunisian government, including acts of torture. On 3 April 2000, Mr Ben Brik, a journalist and friend of the complainant, began a hunger strike in protest against the withdrawal by the Tunisian authorities of his passport, constant police harassment and a boycott of his work by the Tunisian media. On 26 April 2000 the complainant went to visit Mr Ben 54
Ben Salem v Tunisia (2007) AHRLR 54 (CAT 2007) 55 Brik and noticed a large number of people around the house. Among them he recognised several plain-clothes policemen, some of whom had been involved in the surveillance and numerous closures of CNLT offices. These policemen prevented foreign journalists from approaching Mr Ben Brik’s house. The complainant tried to flee, but was struck on the back of the neck, and partially lost consciousness. Other people were also beaten and arrested by the police. 2.3. Along with the others, the complainant was brought to El Manar 1 police station, where he was hit many times on the back of the head and neck and was kicked by several officers. He was subsequently dragged 15 metres along the courtyard face down and up a flight of stairs leading to the police station. His clothes were torn and he was left with abrasions on his lower body. He continued to be beaten, in particular by one policeman who he later learned was Mr Abdel Baqui Ben Ali. Another officer sprayed tear gas in his face, which burned his eyes and choked him. A policeman banged his head against a wall, leaving him unconscious for an undetermined period. When he came to, he found himself in a puddle of water on the floor of the main hall of the police station. He asked to be taken to the toilet, as he felt prostate pain, a condition which he had suffered from for several years. When the policemen refused, he was obliged to drag himself along the floor to the toilets. 2.4. A little later, he was told to go to an office a few metres further on. He was once again obliged to drag himself along the floor. Three police officers tried to force him to sit on a chair. He was then hit on the back of the neck and briefly lost consciousness. When he came to, he realised that he was being thrown in the back of a car, then fainted from pain. He was dumped at a construction site. He was discovered there in the late afternoon by three workers who found him a taxi to take him to hospital. At the hospital, medical tests confirmed that he had severe injuries to the spine, head injuries and bruises. Despite the doctors’ concern, for fear of the police he decided as early as the next day to leave hospital and return to his home in Bizerte. Ever since he has suffered from serious back problems and has had difficulty standing up, walking and even carrying small objects. Doctors have advised back surgery. He also suffers from shoulder injuries. Because he cannot afford surgery, he has to take painkillers. 2.5. On 20 June 2000 the complainant lodged a complaint with the office of the Public Prosecutor describing the ill-treatment to which he had been subjected by policemen at El Manar 1 police station, requesting the Public Prosecutor to open a criminal investigation into the incident and implicating the Ministers of the Interior and of National Security. The Public Prosecutor’s office would not accept the complaint, on the grounds that it was not the two Ministers themselves who had mistreated the complainant. On 22 August 2000 United Nations Committee Against Torture
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AFRICAN HUMAN RIGHTS LAW REPORTS 20
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CONTENTS Editorial User guide Abbre
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USER GUIDE The cases and findings i
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Nigeria Internet Law Reports www.ni
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x Table of cases Nigeria Inspector-
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SUBJECT INDEX This index is divided
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xiv Subject index Presumption that
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xvi Subject index Environment Inter
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xviii Subject index No legal remedi
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xx International instruments referr
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xxii International instruments refe
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xxiv International instruments refe
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xxvi International instruments refe
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INTERNATIONAL CASE LAW CONSIDERED U
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xxx International case law consider
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xxxii International case law consid
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UNITED NATIONS HUMAN RIGHTS TREATY
Page 38 and 39: 4 Abbassi v Algeria (2007) AHRLR 3
Page 56 and 57: 22 Njaru v Cameroon (2007) AHRLR 21
Page 64 and 65: 30 Titiahonjo v Cameroon (2007) AHR
Page 70 and 71: 36 El Dernawi v Libya (2007) AHRLR
Page 72 and 73: 38 El Dernawi v Libya (2007) AHRLR
Page 74 and 75: Prince v South Africa (2007) AHRLR
Page 76 and 77: 42 Prince v South Africa (2007) AHR
Page 90 and 91: 56 Ben Salem v Tunisia (2007) AHRLR
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Page 108 and 109: 74 Article 19 v Eritrea (2007) AHRL
Page 130 and 131: Chinhamo v Zimbabwe ZIMBABWE (2007)
Page 132 and 133: 98 Chinhamo v Zimbabwe (2007) AHRLR
Page 134 and 135: 100 Chinhamo v Zimbabwe (2007) AHRL
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104 Chinhamo v Zimbabwe (2007) AHRL
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SUB-REGIONAL COURTS 117
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120 Katabazi and Others v Secretary
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132 Essien v The Gambia and Another
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142 Mike Campbell (Pvt) Limited and
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144 Mike Campbell (Pvt) Limited and
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DOMESTIC DECISIONS 147
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150 Waweru v Republic (2007) AHRLR
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190 Dzvova v Minister of Education,
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