(IFEX-TMG) – The following is an 18 May 2005 IFEX-TMG letter to European Union Ambassador to Tunisia R.D. Rahman: Ambassador Mme Drs R.D. Rahman Royal Embassy of the Netherlands Boîte Postale 47 1082 Cité Mahrajane Tunis Tunisia 18 May 2005 Your Excellency, The Tunisia Monitoring Group (TMG) of free expression organisations is concerned that the […]
(IFEX-TMG) – The following is an 18 May 2005 IFEX-TMG letter to European Union Ambassador to Tunisia R.D. Rahman:
Ambassador Mme Drs R.D. Rahman
Royal Embassy of the Netherlands
Boîte Postale 47
1082 Cité Mahrajane
Tunis
Tunisia
18 May 2005
Your Excellency,
The Tunisia Monitoring Group (TMG) of free expression organisations is concerned that the jailing of eminent lawyer and web author Mohammed Abbou for his published criticisms of the government is part of a wider state strategy to intimidate and marginalise the independent legal community in Tunisia and stifle free speech.
Such a strategy, if allowed to succeed, would have extremely damaging consequences for freedom of expression in the country. We urge the European Union to raise this issue at the earliest possible opportunity with the Tunisian government, and in particular with the Tunisian justice ministry, with which the EU enjoys direct engagement. The TMG also calls for the immediate release of Faouzi Ben Mrad and Mohammed Abbou.
During a 5-8 May visit to Tunisia, representatives of four organisations from the 12 member TMG, all members of the International Freedom of Expression Exchange (IFEX), personally witnessed or received credible evidence that the independent legal community was being intimidated by the state.
Judges under apparent instructions from the government are using existing law to strip lawyers of the civil and penal immunity in court – a standard right in other countries’ legal systems. The intimidating effect of this is clear. A few days after Abbou’s jailing, a second advocate, Faouzi Ben Mrad, was jailed for four months for comments made during a routine case that a judge considered critical of the state. The TMG has called for the release of both men.
The TMG has observed that police surveillance is high-profile and pervasive. Amnesty International says such surveillance is “manifestly conducted as a form of intimidation”.
Lawyer and rights campaigner Radhia Nasraoui told the TMG: “I have been a lawyer for many years, and the threats are greater now than ever before.” The chairman of the Bar Association, Abdelsattar Ben Moussa, added, “The overall effect is to marginalise lawyers, lower professional standards and break their independence”.
Senior figures in the Tunisian government reject claims that the Tunis bar is being intimidated by the state. They maintain that the dissident lawyers do not follow legal regulations and court procedures and consider the level of surveillance and the extensive use of plainclothes police acceptable.
Many incidents of assault have been recorded by the TMG and other human rights groups. Ben Moussa says he was manhandled and threatened when he tried to represent Abbou at his trial. Nasraoui was recently seriously assaulted and police beat up lawyers outside the Tunis Palace of Justice on 5 April. There was more violence and intimidation on 6 May at the offices of the Bar Association after police broke up a sit-in protest against Abbou’s arrest.
The TMG notes the European Union’s special relationship with Tunisia and the Tunisian government’s commitments under the EU European Neighbourhood Plan to consult with the Tunisian government at ministerial level. We also note the Tunisian government’s commitment to create a human rights sub-committee within the framework of this relationship to meet before the end of 2005.
The TMG requests that the European Union and its Member States raise the issue of the rights of the independent judiciary and request that the Tunisian Justice Ministry investigate and report on areas where the authorities’ dealings with different sectors of the Tunisian community of lawyers may breach fundamental standards of basic rights. Special regard should be given the Ministry’s report on the treatment of Mohammed Abou and Faouzi Ben Mrad.
The TMG further requests that the European Union prepare a list of areas where Tunisian government dealings with different sectors of the Tunisian community of lawyers fail to meet international standards, and agree a programme of reform with measurable targets and practical deadlines for delivery.
Finally the TMG requests that the European Union detail its proposals for steps to ensure that the Tunisian authorities meet their commitments under the EU European Neighbourhood Plan, in particular to ensure that a human rights sub-committee meets as planned by the end of 2005.
With our thanks for your interest and commitment to human rights.
Yours sincerely,
ARTICLE 19, UK
Canadian Journalists for Free Expression (CJFE)
Egyptian Organization for Human Rights (EOHR)
Index on Censorship, UK
International Publishers’ Association (IPA), Switzerland
International PEN, UK
World Association of Newspapers (WAN), France
Journaliste en danger (JED), Democratic Republic of Congo
Media Institute of Southern Africa (MISA), Namibia
Norwegian PEN
World Press Freedom Committee (WPFC), USA
World Association of Community Radio Broadcasters (AMARC)
