TorTure: medico-legal and eThics aspecTs

Abstract

Torture is any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a
person. Although the absolute prohibition of torture is nowadays a major achievement of national and international law, the ban continues to be violated throughout the world.
Whether physical or mental, torture can only be recognized by a medico-legal support. The physician's role,
next to the diagnosis, is to ensure the support given the seriousness of the complications and the consequences of
these acts.
In Tunisia, before the revolution of 14 January 2011, justice has never hesitated to impose heavy sentences by
relying solely on statements made under torture in police stations. However, Articles 101 and 101 bis of the Tunisian Penal Code prohibit torture, and foresee a penalty of up to eight years in prison. Moreover, Tunisia has ratified the International Convention against Torture and Other Cruel, Inhuman or Degrading treatments in 1984.
After the revolution of January 2012, Tunisia ratified the additional protocol complementing the Convention
on February 2012. Various national institutions and associations have risen since against torture in police stations in Tunisia. However, several witnesses attest that it is still common practice.
Thus, if the torture is a police practice, the responsibility for its maintenance is primarily the responsibility of
the State. It must suppress these practices, and strengthen the independence of the justice vis-à-vis the system
police/ state. The famous due to State, used by these zealous officials, should not be a pretext to justify the use of
torture.