The Committee deplores the lack of clarity as to the "particularly broad definition of terrorist acts contained in the Act on terrorism and money laundering (Act No. 2003-75)." The interpretation of the latter makes it possible to prosecute under the pretext of terrorist activity persons who have exercised enshrined rights.

That law stipulates that lawyers are not bound by their professional secrecy, and forced to testify under threat of imprisonment, while investigators and judges can remain anonymous.

The Committee expresses concern that Tunisian law allows police to do arrests and detentions for a period of three days, renewable with the approval of a prosecutor. During this custody, the detainees are not entitled to the advice of an attorney. There are numerous reports of exceeding the statutory periods of custody without families being informed of the whereabouts of their relative and that the latter does not have the right to a medical examination. Furthermore, the Committee notes that the detainees "do not have the right to lodge an appeal with a court who can then decide without delay on the lawfulness of their detention".

The Committee also notes that torture is still common practice despite the ban included in the Penal Code. It also noted that confessions obtained under torture are used as evidence in the trials of those involved. He regretted that judges refuse to register complaints from victims of torture. While some officials responsible of ill-treatment seem to have been punished, according to official indications, it nevertheless remains that their supervisors are not subject to any investigation and prosecution. The UN body recommends that in the case of allegations of torture, investigations are carried out systematically. Those responsible, irrespective of their positions, must be prosecuted and punished and victims entitled to compensation.

Information about poor detention conditions in some prisons have prompted the Committee to recommend to the Tunisian State to "extend the measures of control and monitoring established in places of deprivation of liberty, including allowing national NGOs access to places of detention ".

Because of the elements available to the Committee concerning the functioning of Justice, it "recommends that steps be taken to strengthen the independence of the judiciary, particularly vis-à-vis the executive branch."

And finally, the Committee requests that the independent organizations defending human rights be officially recognized and that harassment and intimidation of the defenders of human rights be halted.