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If the request for the medical check up had been made either by
the detainee or by on of his relatives, descendants, brothers,
sisters or spouse.
131. In order to give greater guarantee to the police custody, the Tunisian
Constitution had been amended by the Constitutional law n° 2002-51 of 1st June
2002; it stipulates in Article 12 that « the police custody is subjected to judicial
control and remand can only be imposed under court order. It is prohibited to
place any person in police custody or in arbitrary detention ».
II- Protection against Arbitrary Detention
132. Among the legislative measures taken during the period covered by this
Report, in the area of protection against arbitrary detention, can be cited, in
particular:
- The institution of the penalty of community labour in substitution for the penalty
of imprisonment and the adoption of the provisions relative to the international
definition of the crime of « torture » and this, by virtue of the law n° 99-89 of 2nd
August 1999, amending and completing certain provisions of the Penal Code.
The term torture refers to any act through which acute, physical or mental pain or
suffering is deliberately inflicted on an individual with the objective particularly of
getting from him or from a third party information or a confession, to punish him
for an act he or a third party has committed or is suspected of having committed,
of intimidating him or putting pressure on him or where the acute pain or suffering
is inflicted for any other motive based on any form of discrimination whatsoever
(Article 101 bis of the Penal Code).
This definition of Torture in the Penal Code corresponds to the definition given by
the United Nations Convention against Torture and other cruel, inhuman or
degrading punishment or treatment.
133. The repeal of compulsory labour in the prisons by guaranteeing the dignity of
the individual and by harmonizing the system of penalties with the principles of
human rights and this, under the terms of the law n° 99-89 of 2nd August 1999,
amending and completing certain provisions of the Penal Code.
134. The institution of the office of penalty application Judge by the law n° 200077 of 31st July 2000 amending and completing certain Articles of the Criminal
Procedure Code and strengthening the prerogatives of this Judge by the law n°
2002-92 of 29th October 2002.
135. The establishment of the system of two tier proceedings (or two degree
proceedings) under the terms of the law n° 2000-43 of 17th April 2000, amending
and completing certain Articles of the Criminal Procedure Code and instituting the
principle of two tier proceedings in criminal matters.
136. In application of this law, Article 83 of the Child Protection Code had been
amended and Article 103 of the same Code had been completed.
This amendment rests on the following principles:
- Upholding of the institution of Children’s Judge, in conformity with the provisions
of the Child Protection Code;
- Upholding of the leading role entrusted by the same Code to the Children’s
Judge;
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