11. On 15 March 2015, the Applicant was released from prison. On 10 April
2015, the Applicant, pursuant to Article 1725 of the Penal Code, filed
complaint No. 709636/15 with the Public Prosecutor of the Tunis Court of
First Instance, against the two officials who signed the forensic report dated
14 November 2014.
12. The complaint was referred to the Ariana Public Prosecutor on 14 April
2015, who in turn referred it to the Second Central Division of the National
Guard in El Aouina on 20 December 2016. It was referred back to the Tunis
Public Prosecutor on 26 September 2018.
13. According to the Applicant, the complaint was still in the preliminary
investigation phase and the Public Prosecutor had yet to take any decision
at the time the present Application was filed.
B. Alleged violations
14. The Applicant alleges the violations of the following rights:
i.
The right to equality before the law and the right to equal protection of
the law, protected by Article 3(1), (2), of the Charter.
ii.
The right to personal physical integrity, protected by Article 4 of the
Charter and Articles 7 and 9(1) and (2) of the International Covenant on
Civil and Political Rights (hereinafter referred to as “the ICCPR”).6
iii. The right to freedom, protected by Article 6 of the Charter, Article 3 of
the Universal Declaration of Human Rights (hereinafter referred to as
“the UDHR”) and Article 9 of the ICCPR.
5 A public official or equivalent, or any notary who, in the exercise of his or her duties, commits forgery
likely to cause public or private harm, shall be liable to life imprisonment and a fine of one thousand
dinars in the following cases:
- by fabricating, in whole or in part, a false document or deed, either by altering or distorting an original
document by any means whatsoever, or by affixing a forged seal or signature, or by falsely attesting to
the identity or status of persons.
- by fabricating a false document or knowingly distorting the truth by any means whatsoever in any
medium, whether tangible or intangible, of a computer or electronic document, microfilm or microfiche,
with the intent to provide evidence of a right or of a fact having legal effects.
6 The Respondent State became a Party to the Covenant on 18 March 1969.
5