Déclaration à l'issue de la mission en Tunisie du 15 à 19 décembre 2000

Date: 22-12-2000 (En anglais)

STATEMENT FROM THE MISSION TO TUNISIA TO OBSERVE THE TRIALS OF DR. MONCEF MARZOUKI, SPOKESPERSON OF THE CNLT, 16 DECEMBER AND NEJIB HOSNI, MEMBER OF CNLT, 18 DECEMBER 2000

Between 15 and 19 December 2000 a team of lawyers travelled to Tunisia to observe two trials. The lawyers are members of the Bar Human Rights Association and the International Union of Advocates and attended on behalf of the Euro-Mediterranean Human Rights Network, the Observatory for the Protection of Human Rights Defenders and the Kurdish Human Rights Project.

Both trials concerned the violation of the right to freedom of expression and association, which is a cause of great concern to human rights activists both within Tunisia and internationally.

The first trial was of Dr Moncef Marzouki who is a well-known human rights activist in Tunisia. Dr Marzouki is facing two charges – "spreading false news" and of belonging to an illegal organisation, the CNLT (The National Council for Liberties), which despite forwarding an official demand still has not been recognised.

These charges arise out a paper that was given by Dr Marzouki at a private meeting of human rights organisations in Rabat, Morocco, in October of his year. In the paper, Dr Marzouki criticised the Tunisian government about the so called "26/26" fund. This is National Solidarity Fund, which has been introduced by the government purportedly to raise money to support economically weak sectors of society. The fund is allegedly voluntary; it is not a tax. However, many people spoke of how most people were forced to pay by harassment, or implied threats to their jobs and careers. Dr Marzouki has accused the government of corruption, and in particularly criticises that there is no public accounting of the fund. Also in the same paper, Dr Marzouki spoke of the human rights violations that are occurring in Tunisia at the hands of the state and its agents.

Dr Marzouki did not at any stage have a copy of this paper in Tunisia. However, in the charges that have been brought against him it is alleged that a copy of this paper was found by a policeman on the floor of the Palais Justice, in Tunis. To date, no statement has been taken from this officer, although his identity is known to the prosecutor. It is of note that it is not an offence within Tunisian law to speak against the government outside of the jurisdiction. It was therefore essential that a copy of the paper was found in Tunisia in order to be able to charge Dr Marzouki.

The trial of Dr Marzouki was held on Saturday 16th December. In addition to the team of lawyers sent by the Euro-Mediterranean Human Rights Network, there were international observers present from France, Brussels, and Morocco and from Amnesty International. A decision was made by the lawyers representing Dr Marzouki to ask for an adjournment of the trial. This was granted, and the trail adjourned to 30 December. They did however ask that the restrictions currently in place that prevent him from leaving Tunisia should now be lifted, as all investigations are complete. This request was refused.

On Monday 18 December, the team went to El Kef to observe the trial of Najib Hosni. Mr Hosni is charged with breaching a court order that prevents him from practising his profession as a lawyer. This order was made at an earlier trial of Mr Hosni, as a so-called "complementary punishment". However, there is no provision in Tunisian law that allows the court to make such an order. The regulation of lawyers is exclusively in the control of the Tunisian Bar Association. Unfortunately, despite the representations of many lawyers on behalf on Mr Hosni as to the impartiality of the trial judge, his lack of jurisdiction and the fundamental importance of the separation of powers, Mr Hosni was convicted and sentenced to 15 days imprisonment, the maximum charge available. He was imprisoned on 20 December.

It is of grave concern to all lawyers practising in Tunisia, who act on behalf of human rights activists and political prisoners, that the judiciary has taken the stance that it is competent to exclude lawyers from practice. This is a clear attempt to prevent defendants having proper representation at trial. Lawyers are now at risk of criminal proceedings for breaking any such order.

Whilst in Tunisia, the team was able to meet with members of the CNLT, and of the Tunisian League for Human Rights (LTDH) and to discuss at length issues of human rights violations within Tunisia. The team was also able to meet and speak to many of the lawyers involved in both cases. At the trial of Dr Marzouki, the team was able to meet with the trial judge, although he was not willing to discuss the case with them.

Throughout their time in Tunisia, the team was followed by plain-clothes policemen, many of whom were also present in court during both trials.

Further observers, mandated by the Euro-Mediterranean Human Rights Network, the Observatory for the Protection of Human Rights defenders (a joint FIDH and OMCT project) and the Kurdish Human Rights Project, are to attend the adjourned trial of Dr Marzouki on 30 December, and in addition the trial concerning the LDTH which is taking place on 25 December.

The team is to publish a report on its observations and findings in February 2000.

For further information please contact:

Kerim Yildiz, Executive Director / Andrea Hopkins, Legal Adviser
Kurdish Human Rights Project / Suite 319 Linen Hall, 162 - 168 Regent Street, London W1R 5TB
Tel: +44-(0)20 7287 2772 / Fax: +44-(0)20 7734 4927 / Email:khrp@khrp.demon.co.uk

Marc Schade-Poulsen, Executive Director / Marit Floe Joergensen, Information Officer
Euro Mediterranean Human Rights Network, Studiestraede 38, DK-1455 Copenhagen K, Denmark
Tel: +45-33 30 89 12 / Fax: +45-33 30 89 01 / Email: post@euromedrights.net

Sara Guillet / Juliane Falloux
International League of Human Rights (FIDH)
Tel: +33 (0) 1 43 55 25 18