Ensure that the family of the defendant does not suffer reprisals from Tunisian authorities. They should also offer financial support to his immediate family if it is found to be necessary, in the case of a forced loss of employment or any other tactic meant to affect his property and income. Canadian authorities should examine very seriously the possibility of granting him a Minister's permit that will allow him to return to Canadian territory quickly and legally at the end of the apprehended sentence he is to serve in Tunisia. We ask that Citizenship and Immigration Canada conduct an in-depth review of the methods used to evaluate risk of return, which have obviously completely failed in the examination of this case. Legal procedures that run counter to the right of full answer and defence.
Tunisian lawyers are at the mercy of the judge who has total power over how the hearing is run.
It is impossible for a lawyer to subpoena a witness because a witness can only be present with the judge s permission. Lawyers cannot question their client without the permission of the judge who generally refuses this procedure under the pretext that the statements of the accused, contained in the record of proceedings are sufficient. There is no cross-examination by the public prosecutor because the judge himself questions the defendant. Permission to conduct medical assessments are either denied or granted after a long delay when the signs of physical abuse have disappeared. According to M e Mokhtar Trefi, sometimes assessments are carried out by compliant physicians who find no abnormality in the physical condition of prisoners, even when signs of torture are evident.