Government buildings in Tunis (Source: Amy Keus/Wikimedia Commons)


TUNISIA

Our Concerns

  • Violations of fundamental rights and procedural guarantees under anti-terrorism legislation and the state of emergency decree;
  • Persistent practice of torture and other cruel, inhumane or degrading treatment or punishment;
  • Undue restrictions on the right to freedom of peaceful assembly and association under the state of emergency.

Upcoming

  • March 2018: Presentation of the report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism to the Human Rights Council on his visit to Tunisia.

 

In 2017, the state of emergency, which came into force on November 24, 2015 following an attack against presidential security forces, continued to be extended every three months by the authorities. The rationale given was the threat of terrorist attacks and the necessity to prevent them. However, the continuous renewal of the state of emergency is concerning, especially considering that practices such as arbitrary detention, torture, and police violence have reappeared since it came into force. This has also been facilitated by the lack of effective reforms of the police as well as the judiciary system, which have continued to be subjected to interference from the executive since the revolution in 2011.


On September 6, 2017, Prime Minister Youssef Chahed of the Nidaa Tounes Party decided to renew his cabinet following public pressure. Chahed replaced 13 ministers, including the ministers of interior and defence. The new government was described by the prime minister as a “war government” which will continue to “fight against terrorism, corruption, unemployment and regional inequality”.


In the meantime, restrictions to freedom of peaceful assembly were illustrated by the violent dispersal of several demonstrations and arrests carried out at the end of 2017. These restrictions stem from the application of the state of emergency decree which allows the Ministry of Interior to restrict the right to free movement, to suspend all strikes and demonstrations and to prohibit and disperse all peaceful gatherings considered to threaten public order.

 

Human rights violations in the context of the state of emergency and fight against terrorism

The continued renewal of the state of emergency has perpetuated undue restrictions to fundamental rights and freedoms, particularly in the context of the fight against terrorism. The state of emergency is based on presidential decree No. 78-50 of January 26, 1978, which, in article 5, gives authority to the Ministry of the Interior to order the house arrest of anyone whose “activities are deemed to endanger security and the public order.” Inherited from the previous regime, the 1978 decree fails to guarantee an independent judicial review of executive decisions.


“The continued renewal of the state of emergency has perpetuated undue restrictions to fundamental rights and freedoms, particularly in the context of the fight against terrorism.”

 

Upon the end of his visit to Tunisia between January 30 and February 3, 2017, the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (SRCT), Ben Emmerson, issued his preliminary findings.


While commending positive developments and acknowledging the challenges faced by the authorities in countering terrorism, the UN expert raised concerns over prolonged periods of pre-trial detention, the use of executive orders to restrict freedom of movement and the imposition of measures of house arrest by the executive without judicial review. He also raised allegations of ill-treatment and torture with the authorities, as well as the use of counter-terrorism legislation against journalists.


The Special Rapporteur reported that he was informed of ongoing investigations and prosecutions against more than 1,500 individuals accused of terrorism, while only 10% had been sentenced at the time of his visit. As a result, the vast majority of individuals charged with terrorist acts have been held in pre-trial detention for prolonged periods of time. As a result, the expert encouraged the authorities to accelerate judicial proceedings by providing judicial authorities with adequate financial and human resources.
The SRCT also highlighted that, at the time of his visit, approximately 150 individuals were held under house arrest on the basis of article 5 of presidential decree No. 78-50. He therefore recommended that the decree be revised in order to provide for the establishment of a judicial review of executive orders of the Ministry of Interior.
This issue of human rights violations stemming from the use of emergency and counter-terrorism measures was also raised by UN Member States before the UN Human Rights Council (HRC) during the third Universal Periodic Review (UPR) of Tunisia held on May 2, 2017. Subsequently, during the 36th session of the HRC in September 2017, the Tunisian authorities announced that they had accepted 182 recommendations out of the 248 issued by states, among which was the recommendation to “ensure the respect for human rights while combating terrorism, particularly by ensuring the right to a fair trial and due process”.

The persistent practice of torture, ill-treatment and inhuman conditions of detention

The practice of torture as well as inhuman and degrading treatment in detention remain concerning in Tunisia. Torture is practiced especially – but not exclusively – in the context of the fight against terrorism to force victims to sign confessions which will then be admitted as evidence in court. Despite allegations of torture raised by victims before courts, no decision to annul coerced confessions has been issued to date, leaving numerous individuals arbitrarily detained following unfair trials.

“Torture is practiced especially – but not exclusively – in the context of the fight against terrorism to force victims to sign confessions which will then be admitted as evidence in court.”

 

During his visit to Tunisia, the SRCT called upon the authorities to pay increased attention to the prevention and eradication of torture and ill-treatment, and expressed concern over the lack of prompt, exhaustive and independent investigations into torture allegations made by detainees. In order to prevent incommunicado detention as well as torture and ill-treatment, the SRCT further recommended the reform of the Criminal Procedure Code to ensure that all suspects are guaranteed the right to a lawyer from the moment of their arrest. He further recommended the installation of video cameras in detention and interrogation facilities.


During Tunisia’s UPR in May 2017, several Member States also called on the Tunisian government to take all necessary measures to prevent torture and ill-treatment, notably by ensuring that allegations are systematically investigated and perpetrators held accountable, as well as by strengthening the independence of the national mechanism for the prevention of torture. The Tunisian delegation replied by highlighting a decrease in the number of torture complaints filed, from around 492 cases in 2013 to 200 in 2016. However, the representatives added that out of these 200 complaints, only 53 had been referred to courts, and failed to indicate the outcome of these referrals.


Furthermore, conditions of detention remain extremely difficult in the country’s prisons. In fact, in 2016, the UN Committee against torture (CAT) considered that these conditions amounted to cruel, inhuman and degrading treatment. Following his visit to Tunisia, the SRCT also expressed concern over the prison conditions he witnessed, which did not comply with international minimum standards, particularly in the Mornaguia Prison.


The UN expert stressed that the prison was overcrowded, with prisoners confined into dormitories with inadequate space and insufficient natural light, as well as sleeping and sanitary facilities. Furthermore, the SRCT underlined that placing detainees accused of terrorism in solitary confinement for prolonged periods of time may amount to inhuman and degrading treatment.


Lastly, in the context of the follow-up to the 2016 review of Tunisia by the Committee against Torture, Alkarama prepared a report assessing the effective implementation of the recommendations previously issued by the CAT, including the steps taken to address the issues of prison overcrowding as well as the practice of solitary confinement. Alkarama noted that the authorities had not addressed these concerns and also highlighted the shortcomings in law and practice of the prevention of torture and ill-treatment, as well as the lack of investigations and accountability of perpetrators.
In its follow-up report, Alkarama also raised the case of lawyer Najet Laabidi, who, on May 11, 2017, had been sentenced to a six-month suspended sentence by the Court of First Instance for “defamation”. Laabidi represented torture victims in the “Barraket Essahel” case, in which the perpetrators of torture against 244 soldiers accused of an attempted coup in 1991 were prosecuted before a military court. During the trial before the military court, she denounced numerous irregularities which hindered the rights of the victims to an effective remedy. Laabidi’s sentencing was denounced by numerous Tunisian lawyers as a retaliation for having expressed criticism publicly.

Persistent violations to freedoms of association and peaceful assembly

While the 2011 revolution led to significant improvements in the respect of fundamental rights such as the freedoms of peaceful assembly and association, the renewal of the state of emergency has imposed undue restrictions to these rights by the executive under the pretext of maintaining public order and security.


The right to association was first reinforced by the 2011 law on associations, which established a declaratory system of registration. However, since the 2014 terrorist attacks, the executive has issued suspension orders for more than 150 associations suspected of having ties with terrorist organisations. This constituted a violation of the 2011 law, which grants such power exclusively to the judiciary. Prior to the UPR of Tunisia, numerous civil society organisations recommended the prompt rehabilitation of NGOs which had their registration suspended by the executive.


Furthermore, in 2017, the right to freedom of peaceful assembly was severely restricted. Several demonstrations took place across the country calling for the respect of fundamental freedoms and better redistribution of wealth in poorer regions of the country, some of which were violently dispersed, in violation of applicable international standards. In October 2017, the governor of Siliana issued an order banning all public gatherings in the region without prior authorisation from the local administration.


This remnant of past practices of the disproportionate use of force to disperse demonstrations is enabled by several laws inherited from the previous regime. The 1978 presidential decree on the state of emergency grants the Ministry of Interior broad powers to suspend all strikes and demonstrations, to prohibit and disperse all gatherings that it considers to be a threat to public order, and to order the arrest of any person whose activity is considered a threat to public security and order. This anachronistic legislation, which perpetuates the use of restrictive measures without effective judicial control nor a previous assessment of their proportionality and necessity, is still invoked to prevent peaceful gatherings.
In addition, Law No. 4 of 1969 on public assemblies fails to abide by the UN Basic Principles on the Use of Force and Firearms as it allows the security forces to use indiscriminate force against protesters. During Tunisia’s UPR in May, the Tunisian delegation declared that the review process of the law was “still ongoing” despite the fact that it was initiated after the revolution. Subsequently, states recommended that the authorities ensure the laws on assemblies and association are in line with international standards.