TITLE: TUNISIA HUMAN RIGHTS PRACTICES, 1994 AUTHOR: U.S. DEPARTMENT OF STATE DATE: FEBRUARY 1995 TUNISIA The Republic of Tunisia is dominated by President Zine el-Abidine Ben Ali and the Constitutional Democratic Rally (RCD). Ben Ali was elected to a second 5-year term in March. He ran unopposed. The President appoints the Prime Minister, Cabinet, and 23 Governors. In the March election, the RCD won 144 out of the 163 seats in Parliament. Four nominal opposition parties hold the remaining 19 seats. In 1992 the Government banned the Islamist party, An-Nahda, after a court sentenced 265 of its members to prison for allegedly plotting to assassinate the President and overthrow the Government. The internal security forces include a paramilitary national guard organized within the Ministry of Interior. The security services continued to be responsible for human rights abuses, including torture, though the number of known cases appears to have declined significantly in 1994. They were allegedly responsible for the deaths of three persons in their custody. The major sectors of the economy include agriculture, tourism, petroleum, textiles, clothing, and other manufactured exports, and remittances from workers abroad. Despite a severe drought, the economy continued its noninflationary growth in 1994, led by a 17.7-percent jump in tourism. Complaints of police abuse, including torture, declined significantly in 1994, due in part to government efforts to educate its police force and prosecute offending officers. The security forces also made fewer security-related arrests compared to 1993. However, significant human rights abuses continued. The Government imprisoned two self-proclaimed presidential candidates, as well as an opposition candidate for Parliament who complained to a foreign journalist about the results of the national elections. The Government also stifled freedom of speech and the press. The authorities dismissed a journalist from his government job for providing an interview with one of the unofficial presidential candidates to a foreign publication; banned two French newspapers indefinitely for criticizing the Government; declined to renew the residency of a foreign correspondent, requiring him to depart the country; denied an entry visa to another foreign journalist to cover the elections; and interrupted telephone service to one foreign press service for 1 week and instructed its resident correspondent to depart the country. The police harassed several of the 117 women who signed a petition asking the Government to move more quickly on human rights reforms. Additionally, the Government continued to seek out and arrest suspected members of An-Nahda and the banned Communist Worker's Party (POCT) and to harass their relatives and friends, including repeated interrogations and home searches without warrants. Other significant human rights problems include: incommunicado detention, the Government's refusal to publish information on the punishment of security personnel who have abused prisoners, and governmental interference with the right to privacy. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial Killing Three reports of deaths in custody came to light in 1994. On February 27, the police arrested Lotfi Ben Mohammed Guelaa, a student in Paris and a leader in an Islamic student group, after his arrival at Djerba airport. In early March, Guelaa died in his police cell. The Government says he committed suicide by hanging himself. The authorities arrested Ismail Khmira in 1991 for his suspected involvement with An-Nahda. He died in prison on February 25 of pneumonia according to the Government. The National Guard arrested Ammar Beji on November 9 after he became involved in an argument with a government official near Sfax. The guard said Beji hanged himself in his police cell on November 10. The Government has not made public its investigations into the deaths of Guelaa, Khmira, or Beji. A possible fourth death in custody remained unconfirmed at year's end. Sources reported that Ezzedine Ben Aiche allegedly died in August near Sousse while in police custody. In 1994 the Government concluded its investigations into five cases of persons who died in police custody dating to 1991--Faisal Barakat, Abdelaziz Mehouachi, Ameur Degachi, Fethi Khiari, and Rachid Chammahk. In each case, the official investigation concluded there was no evidence of police malfeasance. Investigations continue in two other deaths in custody from 1991. b. Disappearance There were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment While the law prohibits the mistreatment of detainees, there continued to be credible reports that security forces mistreat suspected Islamists, leftists and other persons suspected of antigovernment activities. Many accused Islamists have claimed in court that the police extracted their confessions by torture. The Government denies that torture is practiced as a matter of policy but ackowledges that security officials have abused detainees in some cases. According to the Government, the courts convicted 24 police officers in 1992 for human rights-related violations. In 1993 the Government accused 17 police officers of human rights violations. The Government has not identified them by name or indicated the nature of their offense or their punishment. The Government has taken a number of steps in response to concerns about human rights abuses, including training for police, who are now required to sign a statement that they are aware of Tunisian and international human rights standards and will abide by them. Manuals containing human rights documents and directives are provided to police officers. Government officials claim the educational level of police recruits has increased, and veteran officers continue to undergo training. All judges and prosecutors receive a two-semester course on the scope and applicability of international human rights treaties and conventions as part of their training at the Magistrates' Institute. In October the Government authorized the Tunisian Human Rights League (LTDH) to conduct prison visits. Prison conditions meet internationally recognized minimum standards. d. Arbitrary Arrest, Detention, or Exile The law authorizes the police to make arrests without warrants for suspected felonies and crimes in progress and to hold suspects in prearraignment detention for a maximum of 10 days. Attorneys, human rights monitors, and former detainees maintain that the authorities circumvent the 10-day limit by delaying the registration of the date of arrest. Detainees have the right to be informed of the grounds for arrest before questioning and to be represented by counsel during their arraignment hearings. Detainees do not have the right to a lawyer during prearraignment detention but may request an examination by a medical doctor. Otherwise they are held incommunicado during this period. The Government provides legal representation to indigents. The examining magistrate at the arraignment may decide to release the accused or remand him to pretrial detention. In cases involving serious felonies or national security, the accused may be held for 6 months in pretrial detention, renewable by court order for two additional 4-month periods. There were credible reports that some detainees have been held in pretrial detention longer than the maximum 14 months. There is a system of bail, but it is rarely used. Exile is prohibited by law and not practiced by the Government. e. Denial of Fair Public Trial The court system comprises the regular civil and criminal courts, including a Court of Appeals, a Supreme Court, and a Military Tribunal. The judiciary is not independent of the executive branch. The latter appoints, assigns, grants tenure to, and transfers judges, a situation that makes judges susceptible to pressure in politically sensitive cases. In general, defendants in criminal cases receive due process. They have the rights to be present at their trials, represented by counsel, question witnesses, and appeal verdicts. However, because the presiding judge dominates the trial, the role of the defense attorney in questioning witnesses is minimal. In 1994 some defense lawyers complained that the courts did not grant them sufficient time to prepare their cases. Although trials in the regular courts are open to the public, judges have restricted access in cases involving accused Islamists or leftists. Family members and other interested parties must obtain police approval to attend such trials. In 1994 the Government denied an entry visa to an Amnesty International (AI) researcher who sought to observe the trial of a prominent leftist dissident, Hamma Hamami, the leader of the banned Tunisian Communist Workers Party. The AI researcher had previously written reports critical of the Government. Hamami's trial was not fair by international standards: his lawyers did not have sufficient access to their client or time to prepare their defense; the police had physically mistreated Hamami while in pretrial detention; the court did not conduct a complete investigation prior to going to trial; and the court handed down a sentence that was not comensurate with his alleged crime. The Military Tribunal tries cases involving military personnel and civilians accused of national security crimes. The Tribunal consists of a civilian judge from the Court of Cassation and four military judges. Defendants may appeal the Tribunal's verdicts to the Court of Cassation, but the review is limited to matters of law and procedure, not the facts of the case. f. Arbitrary Interference With Privacy, Family, Home, or Correspondence The Constitution provides for the inviolability of the person and the home and for the privacy of correspondence, "except in exceptional cases defined by law." Police must have a search warrant, but this requirement is sometimes ignored in cases in which the authorities consider that state security is involved or in which a "flagrant crime" is deemed to have been committed. The authorities continued to monitor the activities of Islamists and leftists and searched their homes without warrants. They frequently harassed the relatives and associates of such persons by repeatedly interrogating them. During the year, several human rights monitors and oppositionists accused the Government of harassment and intimidation. Police presence in urban areas is heavy. Traffic officers routinely stop motorists to examine their identity and vehicular documents. Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and Press The Constitution provides for freedom of thought, expression, and the press. In practice, however, the exercise of these freedoms is limited, as several government actions during 1994 demonstrated. The Press Code includes broad provisions addressing subversion and defamation, neither of which is clearly defined or subject to judicial review. The Government has used these provisions for arresting political opponents and bringing suits against the media. In March police arrested two self-proclaimed presidential candidates who had criticized the Government: Moncef Marzouki and Abderrahmane El-Hani. The Government charged Marzouki, a former president of the Tunisian Human Rights League, with spreading false information and defaming judicial authorities in an interview with a Spanish newspaper. They detained Marzouki for 4 months before releasing him, but his case is still under official investigation. The authorities charged El-Hani, a lawyer, with membership in an unauthorized organization and spreading false information and held him in detention for 2 months; his trial date is pending. Also in March, the authorities detained for 5 days Boujemaa Remili, a defeated opposition party candidate in the parliamentary election. Remili had complained that the national elections were neither free nor fair. He was later convicted of spreading false information and given an 8-month suspended sentence. In May, 117 women signed a petition asking the Government to accelerate the pace of human rights reform. The authorities later harassed and intimidated several of them at work and at home. Restrictive laws and practices limit freedom of the press. Journalists and writers generally censor themselves because they fear government retribution if they publish overly critical articles. The Government amended the Press Code in 1993 to expand the definition of defamation to include the expression of opinions based on racism, regionalism, or religious extremism. Journalists express concern about the vague language, fearing that it gives the Government additional grounds for legal suits. The Government exerts considerable control over editorials by providing official texts on major domestic and international events. The daily newspapers routinely carry policy announcements verbatim. Editorials do not criticise the President or other senior government officials. Publishers and editors have been reprimanded when government guidelines were not followed, encouraging further self-censorship. The Government requires domestic printers to deposit copies of all publications destined for public sale in Tunisia with the secretary of state for information and with the Ministries of Interior and Justice prior to public release. The authorities may seize a publication without compensation. The Government also showed intolerance of criticism in the foreign media. In February the Government refused to renew the residence visa of a Tunis-based British Broadcasting Corporation correspondent who had interviewed a Tunisian dissident about his presidential aspirations and broadcast an interview with London-based An-Nahda leader Rachid Ghannouchi approving of the dissident's candidacy. Also in February, the Government temporarily interrupted telephone service to the office of the Kuwaiti News Agency and told its correspondent to leave Tunisia after he reported an interview with Ghannouchi. In March the Government denied an entry visa to cover the national elections to a reporter for the French newspaper Le Monde. The reporter had previously written articles deemed offensive by the Government. Also in March, the authorities dismissed a Tunisian journalist from his job with the government-controlled Tunisian News Agency (TAP). The journalist worked as a stringer for a French newspaper and had submitted an interview with a Tunisian dissident to that publication. Later the Government prohibited indefinitely the importation of two French publications, Le Monde and Liberation, after they published articles critical of the Government and the President. The Ministry of Interior censors all imported publication prior to public release. In 1994 the Ministry prevented editions of the French magazines Le Point and Jeune Afrique from distribution onto the market and prohibited the entry of some Amnesty International publications. The Government owns and operates the Tunisian Radio and Television Establishment (ERTT). Broadcast media coverage of the Government is taken directly from TAP. There are two television channels and several regional radio stations. Under bilateral agreements with France and Italy, citizens are able to receive the French channel France 2 and the Italian station Rai Uno. However, in accordance with its agreement with France, the Government replaces the prime-time news program on France 2 with a news broadcast produced by the ERTT. More than 30,000 homes and multifamily dwellings have satellite receiving dishes. In December the Government imposed a temporary halt on the granting of new licenses for the dishes. Like journalists, university professors practice a form of self-censorship, avoiding classroom criticisms of the Goverment or statements supportive of the Islamist An-Nahda party. The presence of police on campuses also discourages dissent. b. Freedom of Peaceful Assembly and Association The Constitution provides for freedom of assembly. Groups wishing to hold a public meeting, rally, or march must obtain a permit from the Ministry of the Interior. The Government normally approves such permits, except in cases involving proscribed political parties or associations. In March 1992, the Government amended the Law on Associations to prohibit an officer of a political party from serving as an officer of an association and to prohibit associations from rejecting prospective new members. The amendment had a direct impact on the Tunisian Human Rights League (LTDH), as some of its officers were also officers in political parties, and the League maintained a policy of closed membership to the general public. Not wishing to violate the new law, LTDH did not hold a meeting for more than a year. In 1993 the League negotiated a partial arrangement with the Government, agreeing to prohibit League officers from also holding office in a political party--but maintaining its policy of closed membership. That settlement permitted the League to hold an election for its governing board in February. Afterwards, the League conducted its normal activities, although it and the Government continue to discuss the membership issue. There is no available information indicating that the Government has applied the amendment to the Law of Associations to other groups. Local human rights monitors fear that the law increases government influence over all organizations. The law on political parties stipulates that parties must reject all forms of violence, including fanaticism, racism, and other types of discrimination. No political party may be based on religion, race, sex, or region, or receive funds from a foreign party or aid from foreign governments and citizens. All party members must be citizens for at least 5 years. There are seven legal political parties. In addition, there are a few unrecognized parties, including the Islamist An-Nadha Party, which aspire to recognition, and the Maoist Tunisian Communist Workers' Party, which remains underground. The Government states that An-Nahda is ineligible for recognition because it is based on religion. The Government uses its authority to license political parties as a means to control the political environment. It does not grant legal recognition to parties deemed to be a threat to the existing political order. Aspiring political parties file for registration with the Ministry of Interior. In 1994 a new group--the Democratic Forum for Labor and Liberties--attempted to register itself as a political party. The Government has so far refused to accept the application. c. Freedom of Religion Islam is the state religion, but the Government permits the practice of other religions. The Government regards the Baha'i faith as a heretical sect of Islam. Adherents may practice their faith in private only. However, the Government appears to have eased some other restrictions, which in the past included the denial of passports to Bahai's. With a population of 2,500, Jews are the country's largest indigenous religious minority. The Government assures the Jewish community the freedom of worship, safeguards its security, and pays the salary of the Grand Rabbi. The small Christian community is mainly composed of foreigners. They are free to attend church services. The Government views proselytizing as a provocative act against "public order." Authorities ask foreigners suspected of proselytizing to depart the country and do not permit them to return. In 1994 no persons were known to have been arrested for proselytizing. However, the authorities did not renew the residency permits of some foreigners suspected of proselytizing. The Government controls the mosques and pays the salaries of the prayer leaders. According to the 1988 law on mosques, only government-appointed personnel may lead activities in the mosques, except with permission from the Prime Minister's office. d. Freedom of Movement Within The Country, Foreign Travel, Emigration, and Repatriation There is freedom of movement within Tunisia, and people are free to change their place of residence or work at will. In 1994 there were credible complaints that the Government withheld or limited passports in certain cases. Islamists continued to report difficulties in obtaining passports. The Government stated it denies passports only to persons with legal problems at home or abroad and to those who are not likely to use them for tourist purposes. However, lawyers who have defended Islamist clients and persons associated with leftist or opposition causes also reported that they and their family members were unable to obtain or renew passports. There is no arbitrary restriction on emigration or repatriation. The Government does not accept refugees for permanent resettlement. There were no reported cases in 1994 of forced repatriation. Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government The ability of citizens to change their government through democratic means has yet to be demonstrated. The ruling Constitutional Democratic Rally (RCD) Party, and its direct predecessor parties, have controlled the political arena since independence. The RCD controls the Cabinet, the Chamber of Deputies, regional and local governments, and the security apparatus. The President appoints the Prime Minister, the Cabinet, and the 23 Governors. The President and the RCD dominate politics at the national, regional, and local levels. The Government and the RCD are closely integrated: The President of the Republic is also the president of the RCD, and the RCD's Secretary-General holds the rank of Minister of State. The largest opposition party, the proscribed Islamist An-Nahda Party, received 12 percent of the vote in the 1989 legislative elections, when the Government permitted its candidates to run as independents. However, the party is in disarray following the conviction in 1992 of nearly all of its leaders for plotting to overthrow the Government. In 1992 a court sentenced in absentia Rachid Ghannouchi, the nominal head of the party, to life in prison. Ghannouchi was granted political asylum in Britain in 1993. The Chamber of Deputies has 163 seats. It has yet to establish itself as an effective counterweight to executive authority. The electoral code provides for a winner-take-all formula in legislative elections, but the Government amended the law in 1993 to add 19 additional seats in the Chamber of Deputies for parties that do not win seats. Four opposition parties that participated in the March legislative election were apportioned those seats. Elections for the Presidency and the Chamber of Deputies are held every 5 years. Voting is by secret ballot. All legal parties are free to present candidates. Presidential candidates must obtain the signatures of at least 30 members of the Chamber of Deputies or presidents of municipalities--all but one of whom were members of the ruling RCD party in 1994. Two persons who were not affiliated with any political party tried to announce their candidacies for the presidency even though they were unable to obtain the requisite signatures. The authorities detained both of them for several months (see Section 2.a.). None of the six legal opposition parties offered a candidate for president, and all endorsed President Ben Ali for reelection. Women may participate in politics. Eleven women won seats in the March legislative election. Nevertheless, women remain underrepresented in government and hold few senior government posts. One woman holds ministerial rank, and a woman is the second vice president of the Chamber of Deputies. In municipal councils, 19 percent of the member are women. Twenty-five percent of Tunisian magistrates are women. Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights The Government recognizes several local human rights organizations but subjects them to a variety of restrictions. The most active is the Tunisian Human Rights League (LTDH). It resumed activities in 1993 after the Government passed restrictive amendments to the Associations Law in 1992 (see