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| |  | | Khaled Ben Said | | | context : | Tunisia  | | judgement place : | France | | status : | Sentenced | | particulars : | Complaint for torture filed in France in May 2001; fled France after being informed of the complaint; sentenced in absentia to 8 years inmprisonment for complicity in torture on 15 December 2008 | | position : | Police Superintendent |
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| | | | On 9 May 2001, a complaint was lodged with the Public Prosecutor in Paris accusing Khaled Ben Saïd and others of torture based on the 1984 Convention Against Torture (articles 1, 4, 5 § 2, 6, 7), articles 222-1 to 222-6 of the French Criminal Code, and articles 689-1 and 689-2 of the French Code of Criminal Procedure.
In June 2001, the Parisian Prosecutor dropped proceedings in favour of the Strasbourg Prosecutor.
On 2 November 2001, the Strasbourg Crime Squad informed Khaled Ben Saïd by telephone that a complaint had been lodged against him and that it would be necessary to interrogate him.
On 16 January 2002, following preliminary investigations, the Prosecutor opened an official inquiry into these acts of torture with the specific circumstance that the presumed torturer was a holder of public office and that the allegations took place whilst in the exercise of his duties, or on the occasion of the exercise of his duties. The International Federation for Human Rights (FIDH) and the French League for Human rights (LDH) immediately brought a civil action against him.
On 14 February 2002, the Strasbourg investigating judge endeavoured to summon Khaled Ben Said, but was told by the Consulate that Said had already left the country. The judge then issued an international arrest warrant on 15 February 2002. An international request letter delivered by the judge on 2 July 2003 was never executed by the Tunisian authorities. Back in Tunisia, Khaled Ben Saïd was reported to have continued to work within the Tunisian Home Office.
On 21 June 2004, with Khaled Ben Said still not having been arrested the examining magistrate brought the inquiry to a close.
In March 2005 the victim's lawyer requested that the investigating judge issue an order to formally discontinue the investigation or to refer the case to a court.
On 16 February 2007, the investigating judge referred the case of Khaled Ben Saïd to the Cour d’Assises du Bas-Rhin, upholding the international arrest warrant issued on 15 February 2002, following Ben Saïd 's flight from France.
The trial finally took place on 15 December 2008 before the Criminal Court of Strasbourg under the “in absentia” procedure. Mr Ben Saïd was represented by a lawyer, in order for his rights and interests to be fairly defended.
At the conclusion of the trial he was sentenced to 8 years imprisonment for complicity in torture and other barbaric acts. | |     click for more... | | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. | |  |  | | nationality : | | | Tunisia | | | date of birth : | | | 29.10.1962 | | | last time seen : | | | Tunisia | | | period of charges : | | | 11.10.1996 - 12.10.1996 | | | judgement period : | | | 15.12.2008 - 15.12.2008 | | | charges : | | | Torture | | | profile last modified : | | | 13.11.2009 |
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