� : liste@maghreb-ddh.sgdg.org
Date : vendredi 30 mars 2001 12:06
Objet : Press Conference and Open Letter : Tunisia : [english]
> INTERNATIONAL FEDERATION OF HUMAN RIGHTS
> HUMAN RIGHTS WATCH
> OBSERVATORY FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS
> WORLD ORGANISATION AGAINST TORTURE
> REPORTERS WITHOUT BORDERS
> EUROMED HUMAN RIGHTS NETWORK
Press conference ? Briefing
TUNISIA : BEHIND THE SCENES TUNISIAN HUMAN RIGHTS ACTIVISTS APPEAL
TO UNITED NATIONS COMMISSION ON HUMAN RIGHTS
>Palais des Nations, Friday 30 March 2001, from 1.00 pm to 3.00 pm, Room XXI
>While French President Jacques Chirac speaks, for the first time, to the >United Nations Commission on Human Rights, seven international human rights >NGOs and several representatives of Tunisian civil society appeal to the >members States of the United Nations Commission to react to violations of >human rights in Tunisia.
>For the last six months, there has been an unprecedented increase in >repression in Tunisia. Human rights activists, trade unions, student >movments and journalists have been a prime target of the regime. Repressive >measure have included suspension of the activities of the new assertive >leadership of the Tunisian Human Rights League (LTDH), the cutting of >telephone and fax lines, sabotage of vehicles, confiscation of passports, >shadowing, verbal threats, interdictions to leave the territory, unfair >dismissals, arbitrary arrests, unfair trials, assaults in the street, >assassination attempts, etc.
> While the United Nations Commission on Human Rights has just started to >examine the question of "Massive, flagrant and systematic violations", >representatives of Tunisian civil society, invited by the organisations >quoted above, will expose to the press, to Special Rapporteurs of the >United Nations Commission on Human Rights and to its members states, the >situation of human rights in Tunisia. Participants in this briefing to be >held on 30 March 2001 in Geneva, include Sihem Bensedrine, spokesperson of >the National Council for Liberties in Tunisia (CNLT), Bochra Belhajd Hamida >, President of the Tunisian Association of Democratic Women (ATFD), Radhia >Nasraoui, lawyer, Chawki Tabib, President of the Tunisian Association of >Young Lawyers (ATJA) and Mokhtar Trifi, President of the Tunisian Human >Rights League (LTDH). The debate will be moderated by Kamel Jendoubi, >President of the Committee for the Respect of Liberties and Human Rights in >Tunisia (CRLDHT). >This conference is held in the context of the Caravan for Human Rights in >Tunisia whose goals are to inform and promote public awareness on the >deterioration of freedoms and human rights in Tunisia.
> The same day, in an open letter to European Commissioner Chris Patten, to >High Representative Javier Solana and to European Foreign Ministers, these >organisations (including Avocats sans Fronti�res and the International >Service for Human Rights) call on the European Union to concretely react to >the deterioration of human rights in Tunisia. The European Union and >Tunisia are linked by an Association Agreement, signed on 17 July 1995, >which includes a legally binding human rights clause (art. 2), that has >however, never been invoked.
> This letter is available on the following websites : www.amnesty.org, >www.euromedrights.net, www.omct.org, www.rsf.fr, www.hrw.org, www.fidh.org
>
> AI: Sophie Marsac Tel. (41) 22 798 25 00
> FIDH: Eleni Petroula Tel. (41) 22 700 12 88
> OMCT: Nathalie Mivelaz Tel. (41) 22 809 49 39
>
> AVOCATS SANS FRONTIERES
> EURO-MED HUMAN RIGHTS NETWORK
> INTERNATIONAL FEDERATION FOR THE LEAGUES OF HUMAN RIGHTS (FIDH)
> HUMAN RIGHTS WATCH
> INTERNATIONAL SERVICE FOR HUMAN RIGHTS
> OBSERVATORY FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS
> REPORTERS WITHOUT BORDERS
> WORLD ORGANIZATION AGAINST TORTURE (OMCT)
Brussels, 29 March 2001
>EU Foreign Ministers
>EU High Representative for CFSP
>European Commissioner Chris Patten
>Your Excellencies:
>We are writing to you regarding the European Union's upcoming Association >Council meeting with Tunisia which was scheduled to take place on 10 April. >The Association Agreement, which was signed on 17 July 1995 by the European >Community and its Member States on the one hand and by the Republic of >Tunisia on the other hand, and which came into force on 1 March 1998, >includes a legally binding human rights clause (art. 2). This clause >stipulates that relations between the Parties, as well as all the >provisions of the Agreement itself, shall be based on respect for human >rights and democratic principles, which guide their domestic and >international policies and constitute an essential element of the >Agreement. Our organizations believe the EU Council of Ministers and the >European Commission have an obligation to address in concrete terms the >serious concerns about the human rights situation in Tunisia in the context >of the Association Council and to put in place a mechanism to ensure the >necessary monitoring of the situation, with a view to bringing about >verifiable progress.
>The deterioration of the human rights situation (see enclosed document) >since the EU-Tunisian Agreement took effect poses an acute challenge to the >EU policy toward Tunisia, and more generally toward the Mediterranean >region. How the EU proceeds in this regard toward Tunisia, the first >country where an Association Agreement came into effect, will have >precedential impact on the EU's credibility and effectiveness in addressing >human rights issues with its other Mediterranean partners.
>As noted by the European Commission itself in its recent communication on >strengthening the Barcelona process of 6 September 2000, human rights, >democracy, good governance and the rule of law should be discussed >regularly with partners, notably within the Association Council. The >Commission noted: "This could lead to the establishment of joint working >groups on human rights" ? that "would aim to agree on a number of concrete >benchmarks and objective criteria to be reviewed within the various >Association Councils...Cooperation on human rights, good governance and the >rule of law should have as one of its main objectives the creation of a >climate where NGOs can work productively."
>In its resolution of 14 December 2000 the European Parliament expressed >concern "about the human rights situation and called on the Council and the >Commission, "to use all the means provided for by the Association Agreement >between the European Union and Tunisia to secure respect for democratic >freedoms and human rights" and for the next meeting of the EU-Tunisia >Association Council "to examine, in particular, the human rights situation >in Tunisia and the restrictions placed on the activities of independent >associations, in the context of the Meda-Democracy programme."
>In a previous resolution passed on 15 June 2000 the European Parliament >stressed that "the promotion of human rights, democracy, civil liberties, >the rule of law and sound management of public affairs constitutes an >essential element of the EU-Tunisia Association Agreement with a view to >creating a body of shared values." In this resolution the European >Parliament expressed concern "at the human rights situation in Tunisia, and >called on the Association Council "to carry out as soon as possible a joint >evaluation of respect for human rights in Tunisia in order to involve both >parties in addressing the issue, and asked the Commission to present to >Parliament a report on the evolution of the human rights situation in >Tunisia."
>On 25 January 2001 France's National Consultative Human Rights Commission >also urged the French Government to encourage its EU partners to take steps >to ensure a follow up of the human rights situation in Tunisia in the >framework of the Association Agreement (art.2), notably on the occasion of >the next meeting of the Association Council. Avis portant sur la >d�gradation de la situation des droits de l'Homme en Tunisie, 25 janvier >2001, Commission nationale consultative des droits de l'Homme de la >R�publique fran�aise.
>In this context and in light of the increasingly grave attacks and >restrictions on human rights defenders by the Tunisian authorities, the >undersigned organizations (Amnesty International, Avocats sans fronti�res, >the Euro-Med Human Rights Network, the International Federation for the >Leagues of Human Rights, Human Rights Watch, the International Service for >Human Rights, the Observatory for the Protection of Human Rights Defenders, >Reporters Without Borders, and the World Organization Against Torture) call >on the EU to urge Tunisia to fulfil its obligations under the Association >Agreement and international human rights law by, among other things:
> �freeing all persons detained or imprisoned solely for the-nonviolent > exercise of the right to speech, association, or assembly;
> �restoring the right to freedom of movement to all persons who are > arbitrarily deprived of passports or forbidden to leave the country;
> �ending all forms of harassment against human rights defenders and their > relatives by, among other measures, restoring their passports, > telephone, and fax service where these have been deprived; by ending > police surveillance that is manifestly conducted as a form of > intimidation; and by allowing all independent human rights > organizations including the National Council on Liberties in Tunisia > (CNLT) and the Tunisian Human Rights League (LTDH) to function > legally and freely, in conformity with the UN Declaration on Human > Rights Defenders;
> �instituting effective safeguards to prevent the use of torture against > persons in police custody;
> �instituting a credible and transparent system for investigating > allegations of abuse and ensuring that human rights abusers are > identified and brought to justice; and
> �inviting the UN Secretary-General's Special Representative on human > rights defenders to visit Tunisia.
>Moreover, Tunisia should be urged not to obstruct European Commission >efforts to provide grants to Tunisian non-governmental associations that >seek such funding. The independence of the Commission in its decisions >under Meda-Democracy should be fully recognised by the Mediterranean >partners.
>Article 2 of the Euro-Mediterranean Agreement provides the basis for >programs to enhance human rights protection and promotion. We therefore >strongly encourage the EU to ensure that its bilateral cooperation with >Tunisia includes a strong component aimed at strengthening human rights and >the rule of law.
>In addition, Article 2 of the Euro-Mediterranean Agreement also involves >concrete actions in the event of sustained and serious abuses. We therefore >believe that full implementation of the Association Agreement with Tunisia >requires the EU to raise concrete human rights concerns and press for >verifiable progress on the basis of the recommendations specified above as >well as the recommendations issued by the UN bodies.
>We therefore call on the EU Council of Ministers and the European >Commission to put in place concrete mechanisms to regularly assess >compliance with Article 2 by all contracting parties to the >Euro-Mediterranean Agreement. These should include:
> �regular and impartial monitoring of developments in the field of human > rights and civil liberties in the territory of any of the contracting > parties;
> �monitoring of the extent to which human rights defenders are free to > act and speak out in defense of the rights of others;
> �issuing specific recommendations, compliance with which can be > regularly measured, that are aimed at improving the human rights > situation and that take into account the recommendations made by the > UN human rights bodies about the country concerned;
> �making appropriate d�marches towards partner countries in individual > cases where violations of basic human rights standards have taken place;
> �making the assessment of compliance with Article 2 a separate agenda > item in all meetings held under the Agreement, and especially the > Association Council meetings; and
> �encouraging the Tunisian government to extend an invitation to the UN > Secretary-General's Special Representative on human rights defenders > to visit Tunisia.
>In light of the above we urge you to ensure that the Association Council, >which was scheduled to take place on 10 April, is convened as soon as >possible. The next meeting of the Association Council should not be >another missed opportunity but should rather be the starting point of a >process aiming at effectively addressing the human rights problems in >Tunisia. To this end, it should set detailed benchmarks to be assessed at >the next meetings to take place under the Agreement.
>We thank you for your consideration of these matters.
>Sincerely,
>Amnesty International EU Office ? Rue du Commerce 70-72 ? B-1040 Brussels ? >Tel +3225021499 ? Fax: +322 5025686 - e-mail: amnesty-eu@aieu.be
>Avocats Sans Fronti�res - 91, rue de l'Enseignement 1000 Bruxelles - >T�l : + 32 2 223 36 54 Fax : + 32 2 223 36 14 - e-mail: asf@asf.be
>EuroMed Human Rights Network - Wilders Plads 8H - DK-1403 Copenhagen K - >Tel: +45.32.69.8910 - Fax: +45.32.69.8901 - e:mail: >posten@euromedrights.net
>Human Rights Watch ? 15, Rue van Campenhout ? 1000 Brussels ? >Tel: +3227322009 ? Fax: +3227320471 e-mail: hrwbe@hrw.org
>International Federation of Human Rights (FIDH) - 17, Passage de la Main >d'Or ? F-75011 Paris >Tel: +33143552518 ? Fax: +33143551880 - e-mail:
>International Service for Human Rights - 1, rue de Varemb� - P.O. Box 16 - >CH - >1211 Geneva 20 CIC - Tel : +41 22 733 51 23 - Fax: +41 22 733 08 26 - >e-mail: hrdo@worldcom.ch
>Observatory for the Protection of HR Defenders (FIDH/OMCT) >e-mail: observatoire.paris@wanadoo.fr
>Reporters Without Borders ? 5, rue Geoffroy-Marie ? F-75009 Paris - >Tel : +33144838471 - Fax : +33145231151; e-mail: moyen-orient@rsf.fr
>World Organization Against Torture (OMCT) - P.O Box 21, 8, rue du >Vieux-Billard CH-1211 Gen�ve 8 - T�l : + 41 22 809 49 39 Fax : + 41 22 >809 49 29 e-mail : omct@omct.org
>CC:
>- Ms Catherine von Heidenstam, Foreign Affairs Ministry, Sweden
>- M. Goblet d'Alviella, Foreign Affairs Ministry, Belgium
>- M. Alberto Navarro, Office of the EU High Representative
>- Ms Gonzalez Durantez, Office of European Commissioner Chris Patten
>- Ms Vicky Bowman, Office of European Commissioner Chris Patten
>- M. Alexandre Zafiriou, Secretariat General of the EU Council
>- M. Lothar Jaschke, Secretariat General of the EU Council
>- Mme van den Heuvel, Secretariat General of the EU Council
>- M. Jan Thesleff, Swedish Permanent Representation to the EU
>- M. Raimon Obiols, President of the European Parliament Delegation for >Relations with the Maghreb countries
>- M. Elmar Brok, President of the European Parliament Commission for >Foreign Affairs, Human Rights, Common Security and Defence Policy.
>
> AVOCATS SANS FRONTIERES
> EURO-MED HUMAN RIGHTS NETWORK
> INTERNATIONAL FEDERATION FOR THE LEAGUES OF HUMAN RIGHTS (FIDH)
> HUMAN RIGHTS WATCH
> INTERNATIONAL SERVICE FOR HUMAN RIGHTS
> OBSERVATORY FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS
> REPORTERS WITHOUT BORDERS
> WORLD ORGANIZATION AGAINST TORTURE (OMCT)
>
>Public Document 29 March 2001
THE DETERIORATION OF THE HUMAN RIGHTS SITUATION IN TUNISIA
Increased targeting of human rights defenders > The Tunisian authorities devote considerable resources and efforts to >project an image of Tunisia as a country where human rights protection and >promotion is a top priority. To this end, the authorities, often assisted >by obscure non-governmental associations of dubious independence, conduct >vast public relations campaigns overseas and have created an array of >official human rights bodies within the administration. These include a >human rights minister, human rights departments within at least four >ministries (Social Affairs, Foreign Affairs, Justice and Interior), a >state-appointed Higher Committee for Human Rights and Fundamental Freedoms, >presidential human rights counselors, and an ombudsman.
> Paradoxically, while the official human rights bureaucracy flourishes, >members of the independent human rights community and their relatives have >been increasingly targeted and repressed. Such practices aim to silence >and punish those who stand up for human rights, and to deprive victims of >human rights violations of any defence. In this respect the conduct of the >Tunisian authorities violates the international human rights treaties to >which Tunisia is a State Party, such as the International Covenant on Civil >and Political Rights (ICCPR) and the Convention against Torture and Other >Cruel, Inhuman or Degrading Treatment or Punishment (UN Convention against >Torture), as well as the Declaration on Human Rights Defenders adopted by >consensus - and hence with Tunisia's approval - by the UN General Assembly >on 9 December 1998.
> The targeting of human rights defenders by the Tunisian authorities, >an entrenched pattern for a number of years already, has increased in >recent months. At the end of November 2000 a court suspended the >activities of the new assertive leadership of the Ligue Tunisienne des >Droits de l'Homme, LTDH - Tunisian Human Rights League), and took control >of the LTDH office. The pretext for this attack on the LTDH was a >complaint lodged by four LTDH members, known to be close to the >authorities, who questioned the fairness of the LTDH's general assembly and >elections of a new board the previous month. The move followed virulent >attacks by the head of President Ben Ali's governing party and by the >government-controlled press against the newly elected LTDH board, which >included many well-known and outspoken human rights activists who had >clearly indicated that the LTDH would take up the challenge of addressing >the deteriorating human rights situation in the country. On 12 February >2001 the court annulled the results of the LTDH's general assembly of >October 2000, including the election of a new leadership. Since the >suspension of the LTDH's activities last November its leadership and >members in the capital and in other cities have been repeatedly prevented >from holding meetings in private homes and offices or in caf�s, restaurant >or other public places. Security agents have on each occasion cordoned off >the meeting places, preventing participants from accessing not only the >building where the meetings were scheduled to take place but even the >streets where the buildings are located. In addition, the authorities have >initiated legal proceedings against the LTDH President, Mokhtar Trifi, and >its 1st vice-president, Slaheddine Jourchi, for having signed communiqu�s >on behalf of the LTDH denouncing human rights violations. They have both >been charged, in March and January 2001, respectively, with "spreading >false information" and "non-compliance with a judicial decision". They >are currently awaiting trial.
> Dr. Moncef Marzouki, former President of the LTDH and spokesperson for >the Conseil National des Libert�s en Tunisie (CNLT - National Council for >Liberties in Tunisia), was sentenced in December 2000 to one year's >imprisonment on charges of "spreading false information" and "maintaining >an unauthorized association", that is the CNLT (which has been refused >legal status by the authorities). In July 2000 Dr Marzouki was >arbitrarily dismissed from his public sector post as professor of medicine >at Sousse University. These are only the latest attacks against Dr >Marzouki, who has had a long history of being harassed. He had been >imprisoned for four months in the summer of 1994 for an interview he had >given to a Spanish newspaper about the human rights situation in Tunisia. >Having just recovered his passport in May 2000, after six years of >confiscation, Dr Marzouki was again prevented from leaving Tunisia in >December 2000 and again in March 2001. Other leading members of the CNLT, >including its former secretary general, Omar Mestiri, have also been >prosecuted or threatened with prosecution, on similar charges and are >subjected to constant intimidation, harassment and surveillance. Security >agents have on several occasion beaten or ill-treated CNLT leading members >and activists. Most recently on 1 March 2001, when a CNLT meeting to >present its newly elected leadership was prevented by security forces who >physically prevented participants from gaining access to the house where >the meeting was due to take place and insulted and ill-treated some of >them. Security agents beat and ill-treated Khadija Cherif, a leading member >of the Association tunisienne des femmes d�mocrates, (ATFD - Tunisian >Association of Democratic Women), Abdelkader Ben Khemis, member of the >CNLT's liaison committee, Sihem Bensedrine, the newly elected CNLT >spokesperson, and others. On 13 March 2001 Khadija Cherif was again >attacked by security agents, who took by force some documents she was >carrying. Similar attacks have been repeatedly perpetrated against CNLT >members in the past two years. In April 2000 some leading CNLT members, as >well as lawyers and human rights defenders, and foreign journalists were >beaten by the police. Among those who were beaten were Sihem Ben Sedrine, >and 70-year-old 'Ali Ben Salem, also a member of the CNLT. In December >2000 Sihem Ben Sedrine's car was broken into and a large knife and >threatening message were left on the back seat of the car - which was >parked outside her home, in full view of police agents who keep a close >watch on the building 24 hours a day. In recent months police agents have >systematically prevented all CNLT's meetings from taking place by cordoning >off the houses where the meetings were to be held, and victims of human >rights violations are routinely prevented from entering the building where >the CNLT's office is situated.
> Another exemplary case of constant repression and harassment is that >of human rights lawyer and leading CNLT member Nejib Hosni. Having been >freed early four years ago from a prison sentence he should have never >served, Hosni was once again imprisoned in December 2000. He was first >arrested in 1994 and sentenced to eight years' imprisonment on trumped-up >charges of forgery of a land contract. He was eventually released at the >end of 1996 after widespread international protests. On the trumped-up case >against Nejib Hosni, see the detailed analysis in Lawyers Committee for >Human Rights, Nejib Hosni: A Tunisian Lawyer Singled Out for Exemplary >Punishment for Defending Human Rights and Upholding the Rule of Law, New >York: Lawyers Committee for Human Rights, April 1996. However, his >sentence included an arbitrary five-year ban on practicing law, and upon >his release he had his passport confiscated (it has still not been returned >to him) and his telephone and fax lines, both at his home and office, were >disconnected and have not been restaured since. In the spring of 2000 >Nejib Hosni resumed practicing law, having received written confirmation >from the Conseil de l'Ordre des Avocats, the Tunisian Bar Council, the only >body which may decide to suspend or disbar a lawyer, that he had never been >suspended or disbarred. Shortly after, the Minister of Justice issued >instructions to the courts around the country not to allow Nejib Hosni to >handle cases and not to give him access to his clients' files. In >September 2000 the authorities initiated legal proceedings against him on >charges of "non-compliance with a judicial decision" for having defended >victims of human rights violations before several courts around the >country. He was sentenced to 15 days' imprisonment on 18 December 2000. >On 5 January, on the day he was due to be released after having served his >15-day sentence, the Minister of the Interior revoked the conditional >release measure under which Nejib Hosni had been released in December1996, >requiring him to serve the remaining five and-a-half years of the >above-mentioned eight-year prison sentence imposed in 1996 on the >trumped-up forgery charges.
> Radhia Nasraoui, a member of the executive committee of the Tunisian >Bar Council, has endured years of harassment and intimidation because of >her human rights activities. In March 1998, after joining the defence team >representing a group of young students and political activists accused of >links with the unauthorized Parti Communiste des Ouvriers Tunisiens (PCOT), >Tunisian Workers' Communist Party, Nasraoui was indicted as their >co-conspirator and thereby disqualified from representing them. For a year >and-a-half she was banned from leaving the capital, a measure which >prevented her from visiting clients and being present in courts elsewhere >in the country. In January 1999 she was sentenced to 15 days' >imprisonment, suspended, for having left the capital for one day to attend >the funeral of her mother-in-law. In July 1999 she was sentenced to six >months' imprisonment, suspended, in the above-mentioned PCOT trial. In >addition, she and her children and several other relatives continue to be >harassed and intimidated and her children were refused passports until July >2000. Nasraoui's office and home remain under tight police surveillance, >her telephone lines are often disconnected, and she is often prevented from >visiting her clients in prison, in violation of Tunisian law.
> Leaders and members of other NGOs and associations, have been >similarly targeted. In June 2000 Fathi Chamkhi, President of the >Rassemblement pour une Alternative Internationale de D�veloppement (RAID - >Rally for an International Alternative for Development), and RAID member >Mohamed Chourabi were sentenced to one month's imprisonment for having >links with unauthorized associations. They had been arrested in April for >possessing reports by the RAID and the CNLT, both of which organizations >have been refused registration by the authorities.
> In October 2000 leaders and members of the Association Tunisienne des >Femmes D�mocrates (ATDF - Tunisian Association of Democratic Women), were >beaten by police as they gathered in the centre of the capital to >demonstrate in solidarity with the Palestinian people. On 29 January 2001 >a meeting organized by the ATDF in solidarity with the LTDH was prevented >from taking place by security agents who stopped anyone from accessing the >ATDF's office in Tunis.
> The above are but a few examples of the tactics used by the >authorities to prevent and discourage Tunisians from working to defend the >rights of others. In addition to those mentioned above, numerous human >rights lawyers and activists have been and continue to be subjected to >measures of harassment and intimidation that inflict harm on their social, >professional and family lives. Their clients, friends, and relatives are >intimidated by plainclothes security agents who follow them or approach >them to check their identity papers or question them. The cutoff of >telephone lines and the confiscation of mail further disrupts family and >professional life and heightens their vulnerability, especially in >emergency situations.
> Confiscation of passports also continues to be used by the authorities >to prevent human rights defenders from participating in activities abroad. >Even though in the spring and summer of 2000 several human rights defenders >had their passport returned to them after years of confiscation, the >passport of several others have not been returned or have since been >confiscated. These include CNLT and RAID members Nejib Hosni, Sadri Khiari, >Ali Ben Salem, Mohamed Chourabi, Jalel Zoghlami and Ali Ben Romdhane.
> In keeping with the policy of curtailing the activities of human >rights defenders inside and outside the country, the Tunisian authorities >have also expelled or denied access to Tunisia to a number of >representatives of international human rights organizations and foreign >journalists. In July 2000 the President of the F�d�ration internationale >des ligues des droits de l'homme (FIDH - International Federation of Human >Rights), and an Amnesty International researcher, who have been banned from >Tunisia since 1995 and 1994, respectively, were denied entry to Tunisia >upon their arrival at Tunis airport. In January 2001, French lawyer Eric >Plouvier mandated by the EuroMed Human Rights Network (EMHRN) and by the >Observatory for the Protection of Human Rights Defenders to observe the >trial of the LTDH was turned away when he arrived at Tunis airport. In >February 2001 RSF Secretary-General Robert M�nard, and RSF member >Jean-Fran�ois Julliard were expelled from Tunisia (see details below). >Other human rights workers and journalists who have been banned from >Tunisia or expelled from the country in earlier years have also not been >allowed to return.
Restrictions on the media and on civil society > The situation that prompted the Paris-based World Association of >Newspapers to expel its Tunisian affiliate in 1997 remains unchanged. >Tunisia's television, radio, and daily press contain no criticism of state >repression and ignore all information emanating from Tunisian and >international non-governmental organizations which concern the situation of >human rights and public liberties or which might imply criticism of the >authorities' policies and actions. Tunisia's private newspapers are >indistinguishable in tone from the official ones. Smaller periodicals >which at times cautiously deviate from the official line have been seized >when they published more challenging articles. One of these publications, >al-Mawqif, has been banned in recent months for this reason. Two new >publications, Kalima, edited by Sihem Ben Sedrine, and Kaws el Karama, >edited by Jalel Zoghlami, have been denied authorization by the >authorities.
> In February 2001 Jalel Zoghlami was attacked and beaten by men >believed to be security agents in broad daylight in the centre of the >capital. Three days later he and several of his friends, including human >rights defenders, were assaulted by security forces outside his house. >They were beaten with iron bars and sticks and at least seven of them >sustained serious injuries. The security forces remained present in large >numbers outside the house throughout the night and the following day and >prevented lawyers and others from entering Jalel Zoghlami's house, where 22 >people, including those injured were present. In the spring of 2000 Jalel >Zoghlami's brother, Taoufik Ben Brik, a journalist and correspondent of >several foreign media, undertook a lengthy hunger strike to protest at the >confiscation of his passport and the police harassment against himself and >his family. Also in the spring of 2000 Sihem Ben Sedrine's publishing >house, Alo�s, was closed down by the authorities for three months after a >public meeting was held there on press freedom in Tunisia.
> On 21 February, while Robert M�nard, RSF Secretary-General, Virginie >Locussol, North Africa desk officer within the organisation, and Herv� >Deguine were distributing copies of the banned newspaper Kaws el-Karama in >the capital, plainclothes police officers seized the copies from them. A >fourth member of the organisation, Jean-Fran�ois Julliard, who was filming >the events, was assaulted by three police officers, who seized his video >camera. Robert M�nard and Jean-Fran�ois Julliard were then taken to the >airport and expelled to France by police officers who declared them >personae non gratae.
> In May 2000, days after he published an article critical of President >Ben Ali's policies in the French daily Le Monde, journalist and former >editor of the Arabic version of Le Monde Diplomatique Riadh Ben Fadhel was >shot and seriously wounded in the chest by unknown gunmen. The attack, >which bore the hallmark of an attempted extra-judicial execution, took >place outside Ben Fadel's home, which is situated near the presidential >palace and the residences of members of the presidential family, an >extremely well guarded area.
> Well-established NGOs like the ATFD or the Association Tunisienne des >Jeunes Avocats (ATJA), Association of Young Lawyers, and their members >continue to face impediments related to their efforts to take independent >positions on current issues. Their activities are hindered at the regional >and international level by intimidating police surveillance and by the fact >that many of their active members have been deprived of passports at one >time or another. The Tunisian government has also raised objections to and >blocked a grant which the European Commission had approved for the LTDH.
> Attempts to create new civil rights associations have been stifled by >the government's refusal to grant such groups the necessary authorization. >For example, the CNLT, which was created on 10 December 1998, on the >occasion of the 50th anniversary of the Universal Declaration of Human >Rights, and RAID, have been refused authorization by the Ministry of >Interior and their members continuously harassed for maintaining an >unauthorized association (see above).
> Trade unionists who have voiced concern at the increasing control by >the authorities of the Tunisian General Trade Union (Union G�n�rale >Tunisienne du Travail, UGTT) have also been targeted. In May 1999 at least >ten trade unionists who had signed petitions and made declarations >condemning government interference in the UGTT's affairs were arrested and >detained for up to a few days.
> Surveillance and blocking of communications via mail, telephone, fax >and the Internet make it difficult for Tunisian NGOs and activists to >communicate regularly and freely with each other at home and abroad. A >postal law decreed June 2, 1998 provides that "postal materials >that...could harm public order or security are not acceptable. If [such] >mail is found...it will be confiscated in conformity with the laws in >effect." The World Wide Web sites of international human rights >organizations, media, and UN human rights bodies are inaccessible much of >the time and other sites are blocked on particular occasions. The websites >of certain French newspapers, television and radio stations are routinely >blocked on days when they carry items critical of the Tunisian authorities.
> Repression of all dissenting voices > The period of reform initiated by President Zine al-Abidine Ben Ali >after he took power in November 1987, was extremely brief; the human rights >situation began to deteriorate in the last quarter of 1990. By the >mid-1990s the repression, which targeted Islamists first and foremost, was >broadened to cover left-wing activists and all other opposition political >tendencies, including those who had hitherto supported the authorities' >crackdown on the Islamist opposition, as well as student leaders, trade >unionists, professional associations, the media, and others.
Today, known or suspected government opponents and critics across the >political spectrum risk detention simply for the peaceful exercise of the >rights to freedom of opinion, expression, and association. Thousands of >known or suspected political opponents have been tortured and imprisoned >after unfair trials over the past decade. Even though more than 500 >prisoners of conscience were released in November 1999, some 1,000 remain >in prison and are detained under conditions that amount to cruel, inhuman, >and degrading treatment. Their relatives are targeted for harassment, >intimidation, deprivation of passports, and detention.
Former prisoners of conscience are routinely prevented from working >and resuming a normal life and are required to report to the police on a >regular basis, ranging from several times a day to several times a week. >This practice, known as contr�le administratif, administrative control, is >sometimes imposed arbitrarily and at other times by the courts as part of >the sentence; in the latter case administrative control is imposed for a >period of five years from the date of release but former prisoners continue >to be forced to report to police long after the expiry of the five-year >period. One example of this practice is the case of Ali Sghaier, a father >of seven, who years after having served a three-year prison sentence for >his political opinions, continued to have to report daily to the police and >was prevented from working and was thus unable to provide for his family. >In June 2000, out of despair at his situation he took his youngest children >to the weekly market in Douz (south of the country) and held a sign on >which he had written "I am prevented from working and cannot feed my >children, would anyone like to buy them?". He was arrested and in >September 2000 sentenced to six months' imprisonment.
> Relatives of political prisoners continue to be subjected to >harassment and restrictions and those who provide financial support, >however modest, to relatives of political prisoners and of exiled opponents >are themselves prosecuted on charges of supporting "unauthorized >associations." The arbitrary deprivation of passports has been one of the >abuses most commonly used not only against human rights activists and known >or suspected political opponents, but also against their relatives. This >policy has caused great suffering among the families of political refugees >living in European countries. Wives of exiled political opponents have >often been prevented from leaving the country with their children to >reunite their families; those who in desperation attempted to leave the >country without a passport have been imprisoned for lengthy periods of >time. Although many of these cases have been resolved in recent years >thanks to international pressure, including d�marches made by EU member >governments, many families remain divided because of this vindictive >policy.
> Ordinary Tunisians who work or study abroad are often arrested when >they return home to visit their families, and are imprisoned on charges of >having had contacts with political opponents abroad, even though in some >cases the contacts they had with exiled opponents were of a purely social >nature and they were not even aware of their political activities. >Tunisian law was amended in 1993 (Article 305 of the Code de Proc�dure >P�nale, Penal Procedure Code) to include a provision which allows for any >Tunisian to be prosecuted in Tunisia for activities abroad even though >these activities do not constitute an offence according to the laws of the >country where they took place. In recent months at least five people have >been arrested upon their return to Tunisia on such charges and have been >sentenced to lengthy prison terms.
> Unfair trials: A judiciary lacking independence > When it comes to trials involving political charges, Tunisian courts >systematically fail to guarantee the most basic rights of defendants to a >fair trial. Defendants are systematically refused medical examinations >despite having exercised their right under Tunisian law to request such >examinations and even in cases where marks of torture are still visible - >months after they have been tortured. Defendants are also frequently >prevented from calling witnesses who would testify in their favour. Judges >routinely disregard defendants' statements that they were forced to sign >"confessions" under duress and without having read the content, and >instead use these as the main evidence to convict.
> Despite the purely political and non-violent nature of the offenses >being prosecuted, notably having links with unauthorized Islamist or >left-wing political opposition groups, defendants are routinely charged >with "belonging to a criminal gang", "participating in a conspiracy to >attack and harm people and properties" and such charges. This is in >attempt by the authorities to present individuals known or alleged to be >involved in non-violent political opposition activities as dangerous >criminals or "terrorists". In recent months scores of political prisoners >have undertaken lengthy hunger strikes to protest against their >imprisonment, the conditions of their detention, the lack of investigation >into their allegations of torture and in some cases their prolonged >detention without trial. Detainees on hunger strike are often beaten or >ill-treated, refused necessary medical care or even sugar water, and are >regularly prevented from receiving visits by their families and lawyers, to >punish them for going on hunger strike and force them to stop.
> For example, in November 2000 Abdellatif Bouhajila, Yassine Benzerti >and several other of young men accused of links with an Islamist group were >brought to trial during their prolonged hunger strike - one of them had >been on hunger strike for 89 days and others for over 70 days. They were >brought into court on stretchers and were laid on benches, unable to sit up >or speak and barely conscious. Their defence lawyers requested the >postponement of the trial on account of the incapacity of the defendants to >participate in their own trials, but the court refused and the defence >lawyers walked out in protest. The defendants were tried and sentenced >without any defence to up to 17 years' imprisonment. This trial was >attended by numerous Tunisian lawyers and human rights activists and by a >member of the European Parliament. Representatives of European embassies >in Tunisia have also attended several trials of human rights defenders and >of people tried on political charges.
> Tunisia's record on women's rights > Since independence, women in Tunisia have made impressive strides in >securing their rights. The Personal Status Code adopted under former >President Habib Bourguiba gave women many legal rights they did not >previously enjoy. The illiteracy rate for women has dropped and their >presence in higher education and in the workforce has grown.
> At the same time, women are no less restricted than men with respect >to the exercise of their political and civil rights. When the Tunisian >Association of Democratic Women (ATFD) tries to highlight areas where the >treatment of women could improve - through communiqu�s, public awareness >campaigns, meetings, and rallies - its efforts are stymied. Public >gatherings are often barred by the authorities, members such as lawyer >Najet Yacoubi are under constant surveillance, and the pro-government media >ignore its activities, except to suggest the association is "libertine" or >"lesbian" or to misrepresent it in other ways.
> In addition, the authorities systematically harass the wives of >suspected Islamists who are in jail or exile, through detention, >surveillance, searches without warrants, incessant police questioning, and >confiscation of passports. Several women have been put under pressure by >police to divorce their jailed or exiled husbands. These abuses were raised >in the report of the UN Special Rapporteur on violence against women >(E/CN.4/1999/68/Add.1).
> Another area where much progress must still be made with respect to >women's rights is domestic violence. According to the ATFD, which runs the >country's only shelter for women victims of violence, domestic violence is >commonplace. Yet government officials have not acknowledged this and, >according to women's rights activists, a climate of impunity prevails >because police officers fail to investigate incidents adequately and judges >tend to dismiss domestic violence as a family matter. Again, restrictions >on political rights are part of the problem: the ATFD has long been calling >on the government to secure the right of independent organizations to work >freely to combat violence against women.
> International awareness of the human rights situation in Tunisia :
> The European Union > EU member states are well aware of human rights violations and >restrictions of civil liberties and freedoms of expression and association >in Tunisia. The European Parliament passed two resolutions, in June and >December 2000 (mentioned above), expressing concerns at the deteriorating >human rights situation in Tunisia and calling on the EU to take concrete >measures to address the issue.
> The Evaluation of the Meda Democracy Programme 1996-1998, prepared for >the European Commission and issued in March 1999, cites Tunisia in Section >2.9 as one of the Euro-Mediterranean countries where serious problems exist >in carrying out human rights and civil liberties promotion activities: > "Syria and Tunisia received the lowest share [of funds] both in >terms of grants per country and per capita. This reflects the severe >political obstacles to directly assist NGOs in these countries without >agreement by the government and the totalitarian nature of the political >systems in Syria and Tunisia".
> The United Nations > The UN human rights mechanisms present a stark picture of the >situation in Tunisia. In December 2000 the UN Secretary-General's Special >Representative on human rights defenders expressed concern about the >suspension of the activities of the Tunisian League for Human Rights and >intimidation against its members and called on the Tunisian Government to >end the harassment of human rights defenders in the country.
> In February 2000 the UN Special Rapporteur on Special Rapporteur on >Freedom of Opinion and Expression issued a report (E/CN.4/2000/63/Add.4) >following his visit to Tunisia in December 1999 in which he detailed >numerous concerns about the restrictions imposed by the authorities on such >liberties and strongly urged the government to take concrete measures to >address these concerns.
> In November 1998 the UN Committee Against Torture examined the >government of Tunisia's report (which was submitted four years late) and >declared itself "disturbed by the reported widespread practice of torture" >and "concerned over the pressure and intimidation used by officials to >prevent the victims from lodging complaints." The committee charged that by >denying these allegations, "the authorities are in fact granting those >responsible for torture immunity from punishment, thus encouraging the >continuation of these abhorrent practices." The committee urged the >government to ensure strict enforcement of the provisions of the law and >procedures of arrest and police custody. (See the Concluding Observations >of the Committee against Torture, CAT/C/TUN, November 19, 1998.) At the >same time, the UN Special Rapporteur on Torture, who in October 1998 >requested to conduct a working visit to Tunisia, has received no >invitation.
> In its 1998 and 1999 sessions, the UN Sub-Commission on Human Rights >expressed concern at the cases of human rights defenders Khema�s Ksila >(conditionally freed from prison in 1999) and Radhia Nasraoui (mentioned >above). In May 1999 the UN Working Group on Arbitrary Detention issued its >finding that the detention of Ksila was arbitrary.
> The Tunisian government's fifth periodic report to the UN Human Rights >Committee was due in February 1998 but has not been submitted. In October >1994, after examining Tunisia's fourth periodic report, the UN Human Rights >Committee examined, expressed concern about the human rights situation and >urged the government of Tunisia to implement a series of recommendations >so as to bring Tunisia into compliance with its obligations under the >International Covenant on Civil and Political Rights. (See the Comments of >the UN Human Rights Committee, adopted on 2 November 1994, >CCPR/C/79/Add.43.) To date, none of the key recommendations have been >implemented. > /END/
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