| Control
over the justice system and the persecution of human rights defenders
are two pillars of state repression in Tunisia, human rights organizations
said today.
In releasing
the French edition of their report on the plight of human rights
defenders in Tunisia, Human Rights Watch and the Observatory
for the Protection of Human Rights Defenders also endorsed the
courageous open letter written earlier this month by Tunis judge
Mokhtar Yahyaoui. In that letter, Judge Yahyaoui deplored that
judges in Tunisia are "obliged to render verdicts dictated
to them by the executive authorities." Following release
of his letter, Judge Yahyaoui was promptly suspended from his
post, a decision that the rights groups said should be reversed.
The Observatory
for the Protection of Human Rights Defenders is a joint program
of
the International Federation for Human Rights (FIDH) and the
World Organization Against Torture (OMCT).
The report
is being released on the occasion of a press conference convened
in Paris by four European Parliament members - Harlem Desir,
Olivier Dupuis, Roselyne Vaschetta, Helene Flautre - who recently
visited Tunisia. This press conference takes place on 26 July
2001 at 11 am at the Information Office of the European Parliament
(288 Boulevard Saint Germain, 75007 Paris).
In the report,
Tunisie: Le procès contre la ligue des droits de l'Homme:
un affront à tous les militants, Human Rights Watch and
the Observatory for the Protection of Human Rights Defenders
expose the government's utilization of the courts to impede
human rights activity. On June 21, the Tunis Appeals Court affirmed
a lower court decision voiding the internal elections of the
Tunisian Human Rights League, which brought into the executive
committee a dynamic group of activists determined to expose
and denounce abuses. In a seeming paradox, the Appeals Court
ordered the same committee to organize new elections. Since
the Appeals Court decision, the League's executive committee
has persisted in criticizing human rights violations, prompting
a warning from the Ministry of Interior that it was proscribed
from carrying out any activity other than organizing new elections.
The other
leading human rights organization, the National Council for
Liberties in Tunisia (CNLT), remains illegal pursuant to a 1999
decision by the Ministry of Interior rejecting its application
for a license. The CNLT appealed this decision more than two
years ago. But in a sign that this review process is not independent,
the tribunal has not responded to the CNLT's appeal.
For information
contact:
Driss El Yazami, (French and Arabic), Patrick Baudouin (French),
FIDH, (33-1) 43 55 25 18
Eric Sottas (French, English and Spanish) and Laurence Cuny
(id.), OMCT, (41-2) 2 809 49 39
Hanny Megally, Human Rights Watch (English and Arabic) (1-212)-216-1230
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Tunisian
courts continue to restrict and imprison individual members
of the CNLT. Today marks one month in detention for CNLT spokeswoman
Sihem Ben Sedrine, on charges of defamation and disseminating
"false news" in connection with her criticism of the
Tunisian judiciary. Tunisian law, in violation of the right
to free speech, provides prison terms for persons convicted
of these offenses. The judge investigating Ben Sedrine's case
has compounded that violation by using his discretion to place
her in pretrial detention.
CNLT member
Moncef Marzouki is also a victim of judicial arbitrariness.
The one-year prison sentence he faces after being convicted
of defamation and membership in an illegal association, namely
the CNLT, is currently being appealed as too lenient by the
state prosecutor. On June 24, the Tunis Appeals Court postponed
the case until September 29 on the anomalous grounds that the
original verdict was missing from Marzouki's dossier. This delay
keeps the risk of prison hanging over Marzouki while authorities
use the pending case as a pretext to prevent him from traveling
abroad.
"Unimpeded
human rights monitors and independent judges are two prerequisites
for safeguarding the rights of citizens," Human Rights
Watch and the Observatory for the Protection of Human Rights
Defenders said. "The government of Tunisia should be encouraging
both, not sanctioning them."
The organizations
have sent observers to attend numerous trials in Tunisia over
the past decade.
Tunisia:
A Lawsuit against the Human Rights League, an assault on all
Rights activists is available in French and English from the
FIDH, 17 passage de la Main d'Or, 75 011 Parishttp://www.fidh.org),
the OMCT, 8 rue du Vieux Billard, ch-1211 Genève 8, and
Human Rights Watch, 350 Fifth Avenue, New York, NY 10118-3299,
http://www.hrw.org.
E. MAIL
: fidh@fidh.org
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