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A UN Commissioner Expresses his Concern About Tunisia’s Decline in the Field of Human Rights

On Friday, the United Nations High Commissioner for Human Rights, Volker Türk, expressed his concern about what he described as Tunisia’s “retreat” in the field of human rights.

This came according to a statement published on the website of the United Nations Office for Human Rights (OCHA), while the Tunisian Ministry of Foreign Affairs expressed its rejection of the statement, calling for “examination of accuracy and objectivity before issuing positions that deviate from reality.”

Türk expressed, according to the statement, his deep concern about what he described as “the increasing restrictions imposed on the right to freedom of expression and freedom of the press in Tunisia.”

He added, “It is disturbing to see Tunisia, a country that once bore so much hope, retreat and lose many of the gains made in the field of human rights in the last decade.”

Türk called on the Tunisian authorities to “change course,” considering that in the past three months, “on five occasions, they have adopted vaguely worded legislation to hold accountable, arrest and convict 6 journalists, including the Anti-Terrorism Law, and Decree 54 related to cybercrime, which contains provisions that include financial and prison penalties.” “.

The statement added, “The decision of the Tunisian parliament office to prevent journalists from covering the work of the committees, and the other decision to prevent media circulation in two cases of alleged conspiracy in which dozens of people have been arrested since last February, is undermining transparency in public opinion issues and preventing journalists from transmitting information from Citizens’ right.

He considered that “preventing journalists from performing their work freely would undermine the crucial role of independent media and negatively affect society.”

For its part, Tunisia expressed its rejection of the UN Commissioner’s statement, calling for “examination of accuracy and objectivity before issuing unrealistic positions,” according to a statement published by the Ministry of Foreign Affairs on its Facebook account.

The statement said: “Tunisia reaffirms that freedom of opinion and expression is guaranteed by the text of the constitution and enshrined in reality, and that the judicial consequences and arrests referred to in the statement were based on acts criminalized by Tunisian law and have nothing to do with the exercise of freedom of opinion and expression.”

The Foreign Ministry called on “Tunisia’s partners and all parties to respect the will and choices of the Tunisian people and their aspirations for reform and justice, and to refrain from attempts to interfere in its internal affairs and influence the course of the judiciary in it.”

On Thursday, a Tunisian court released journalist Ziad Al-Hani, two days after he was arrested pending investigation in a case related to combating information and communication technology crimes.

In September 2022, Tunisian President Kais Saied issued Decree 54 related to communication crimes and information systems, which imposes penalties on those who spread rumors and false news, in a move that aroused widespread concern among journalists and human rights activists.

In the recent period, a number of Tunisian journalists were referred to the judiciary, some of whom were released, while others are still in detention, on the grounds of writing articles or statements.

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Call to Action

Website petition: Freedom for prisoners of conscience and activists in Tunisia!

Tunisia is no longer the Arab exception that inspired the world in 2011 with a heroic revolution that overthrew the rule of Zine El Abidine Ben Ali, who ruled for nearly 23 years after seizing power on November 7, 1987, in a coup against Habib Bourguiba.

In a similar and perhaps more dangerous move, on the night of July 25, 2021, Tunisian President Kais Saied carried out a “constitutional coup” in accordance with his personal interpretation of Article 80 of the 2014 Revolutionary Constitution, announcing that he had taken a set of exceptional measures due to the “imminent danger” that threatens Tunisia without providing any details or reasons.

In accordance with these measures, Saied dismissed the government and the prime minister Hichem Mechichi who was present at the National Security Council that night at the Carthage Palace, and claimed that he had contacted the Speaker of Parliament Rached Ghannouchi (leader of the Ennahdha party) to consult with him in accordance with what is stipulated by the constitution, a claim which Ghannouchi denied since the call was general and did not include anything about exceptional measures or any consultation on the matter. The president suspended Parliament and later dissolved it in March 2022.

Not only did Saied seek to bypass his powers and the articles of the Constitution, which he swore to protect before the Assembly of the Representatives of the People, but he went on to dismiss and change the composition of the Supreme Judicial Council after redefining the judiciary it as a “function” rather than an independent authority. He further replaced members of the Supreme Electoral Commission in preparation for the referendum he held in order to vote on a constitution that he wrote himself after dismissing the proposals of the drafting committee he had himself appointed. Then legislative elections were held over two rounds, in which the participation rate did not exceed 8% of the total number of voters, with the Election Commission later announcing that it had reached 11%, which is the lowest participation rate in Tunisia and globally.

On February 11, President Saied’s regime launched a campaign of protests that has not stopped since, against political leaders, media figures, journalists, judges and senior officials and civil servants, for charges of “conspiring against the security of the state and committing an offensive act against the President of the Republic,” in addition to other charges that were referred to the military prosecution, leading one to wonder about the implication of the Tunisian army in the actions taken by Saied.

The arbitrary arrests were marred by several procedural violations amid criticism from prominent international organizations and observatories in the field of human rights. The standards of litigation and detention period and conditions were not respected. Prosecution and harassment sometimes extended to the detainees’ families, and no evidence, and in many cases, no charges against them were presented.

Moreover trade unions and political parties continue to be subjected to constant harassment and restrictions. Saied continues to target all “intermediary bodies” accusing them of “collaboration” or “treason”. Civil society associations have also been subjected to prosecution, arbitrary arrests and deprivation from representation, in a context of of increasing violence in society due to the authorities’ adoption of racist and discriminatory speeches and rhetoric inciting infighting and violating human dignity.

In light of the above, we, the undersigned, demand the following:

Call for the immediate release of all political detainees, immediately and unconditionally. We also urge the Tunisian authorities to recognize the national and the international human rights treaties they have ratified.
Call on the Tunisian authorities to stop dismantling the nascent democracy and put an end to unfair trials and prosecutions against political opponents of the regime and anyone who criticises it.
Call on all activists and observers to join the national movement for restoring democracy and ending authoritarian rule that has taken Tunisia back to despotism, injustice, and violations of rights and freedoms.