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FREED BUT NOT FREETUNISIA’S FORMER POLITICAL PRISONERS

“Since I am not allowed to move, to travel, to work, I am confined in a prison smaller thanthe one I left for an illusion of freedom”Hamadi Jebali, a former political prisoner

Political prisoners freed from Tunisia’s jailsare far from free. From the day of theirrelease, they face stifling and arbitrarymeasures, including oppressive policesurveillance, questioning about their dailyactivities, and routine reporting to thepolice. Some are rearrested and re-imprisoned for no reason other thanbecause they expressed their rights tofreedom of expression, association,assembly or movement. Others are deniedaccess to medical care. Most are denied theright to a passport. The intimidation andharassment means that most cannot getjobs and all struggle to rebuild their lives.

Former political prisoners are denied theirrights to freedom of expression, association,assembly and movement. Some arethreatened to stop them speaking out ortaking part in meetings. Many have theirmovement within Tunisia restricted and aredenied passports to bar them fromtravelling abroad.

Such measures are blighting the lives ofhundreds of former political prisoners andtheir families. They perpetuate, on anindefinite basis, the punishment of activists

for past deeds and severely constrain theirpolitical and civil rights, as well as theireconomic, social and cultural rights.Meanwhile, activists and other people arejoining the list of those jailed simply for

expressing their views or carrying outother peaceful activities. These actionsby the Tunisian government highlight itsunwavering intolerance of any dissentor criticism, past or present.

Image of a demonstration in Tunis in 2006, taken from a video made in support of political

prisoners.

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Amnesty International February 2010 Index: MDE 30/003/2010

Most former political prisoners havealready suffered arbitrary arrest, unfairtrial and long periods of harsh prisonconditions. Some were held in prolongedsolitary confinement; some in overcrowdedcells that lacked basic hygiene. Many weretortured and otherwise ill-treated, includingwith threats of sexual abuse. Most weredenied adequate medical care.

Now, after years in prison, they want toresume their lives. They want to spend timeat home and compensate their children forthe lost years. They want to revive socialnetworks, and see friends and neighbours.They want to earn money to support theirfamilies. But the authorities multiplyobstacles and crush any hope they mayhave of rebuilding their lives.

Tunisian law, echoing international law andstandards such as the International Covenanton Civil and Political Rights (ICCPR), the UNStandard Minimum Rules for the Treatmentof Prisoners (Rule 64) and the UN BasicPrinciples for the Treatment of Prisoners(Principle 10), states in Article 37 of LawNo. 2001-52 on Prison Administration:

“Social assistance for the detainees hasthe aim of… monitoring the situation of thedetainee after his release and aiding hisreintegration into the society he belongs to…”

The Tunisian authorities are not only flagrantlyfailing to honour these legal obligations tohelp released prisoners to reintegrate intosociety, and to rehabilitate and compensateprisoners who have suffered human rights

violations, but they are also furthervictimizing former political prisoners.

Most former political prisoners wereconditionally released, many after morethan a decade in prison, under presidentialpardons issued on national days ofcelebration. These pardons should bea positive sign. If, however, releases areroutinely followed by harassment andintimidation, they signal not increasedtolerance of dissent but rather continuingrevenge for dissent. And that sends achilling message to everyone in Tunisiato think twice before speaking out orprotesting against the authorities.


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Sadok Chourou, aged 62, was conditionallyreleased on 5 November 2008 after serving18 years in prison. He had been arrested in 1991and convicted in a mass trial before a militarycourt in connection with an alleged plot byEnnahda, of which he was then president, tooverthrow the government. He was sentencedto life imprisonment after an unfair trial.

On 3 December 2008, he was rearrested at hishome by 10 State Security Department officers inplain clothes. The authorities did not tell hisfamily where they were taking him and it tookhis wife Emna three days to find him. In the fewweeks after his release, he had given interviews toArab media outlets about his prison experienceand shared his views about the political situationin Tunisia. He said that he hoped the bannedEnnahda movement would be authorized toresume its political activities.

Sadok Chourou was charged with “maintaining abanned organization” in reference to Ennahdaand sentenced to one year’s imprisonment on

13 December 2008. The sentence was upheld bythe Tunis Court of Appeal on 4 April 2009. Onabout 22 April, the Nadhour prison administrationtold Sadok Chourou that his conditional releasefor his first sentence had been reviewed andoverturned, and that he would now have tocomplete the remaining year of his initial prisonterm and serve his additional sentence. He isexpected to be released in October 2010.

During his 18 years in prison, Sadok Chourouwas repeatedly transferred between prisons, ameasure that impedes solidarity among politicalprisoners and imposes further punishment bylocating them far from their families. Often,relatives cannot afford to travel long distancesregularly and therefore cannot support materiallytheir detained family member.

The rearrest of Sadok Chourou has deeplyaffected Emna and their children, who had beenawaiting his release for 18 years. He is now heldat Nadhour prison in Bizerte, 66km north ofTunis. The authorities have refused without

explanation to issue passports for Emna and thechildren. The family believes that the authoritiesare also preventing them from obtaining jobs byexerting pressure on potential employers.

Amnesty International considers Sadok Chourouto be a prisoner of conscience, who should beimmediately and unconditionally released.

SADOK CHOUROU

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Index: MDE 30/003/2010 Amnesty International February 2010


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LAWS OF REPRESSION

Article 8 of the Tunisian Constitution states:“Freedoms of opinion, expression, the press,publication, assembly and association areguaranteed and exercised within the conditionsdefined by the law…” These rights are,however, limited by other laws, decrees andcirculars. Some legal provisions are specificallydrafted to limit the scope of these rights.Others are interpreted and applied by theTunisian authorities in ways that restrict theexercise of these rights. The limitations,justified in the name of protecting public order,are contrary to the Constitution and Tunisia’sobligations arising from international humanrights instruments it has ratified.

Law No. 69-4 of 24 January 1969 regulatingpublic meetings, processions, parades,demonstrations and gatherings states that allsuch gatherings must be declared in advance

(Article 9), that the authorities can ban anydemonstration likely to disturb public safety andorder (Article 12), and that any gathering likelyto disturb public peace is forbidden on publicroads and places (Article 13). Law No. 69-4 alsostipulates that the authorities must be informedbefore any public meeting takes place.

A January 1997 Ministry of Higher Educationcircular requires that anyone organizing ameeting or conference must submit in advanceto the Interior Ministry a list of participants, theagenda and details of the time and place of themeeting. Referring to this circular, stateauthorities have banned or disrupted meetingsin private homes. Law No. 59-154 of 7November 1959 regulating associations makespunishable by up to six months in prisonattendance of a meeting of an unregistered orbanned organization (Article 29), and by up to

five years direct or indirect participation inmaintaining or re-forming an unregisteredor banned organization (Article 30).

The Penal Code and the Press Code containa number of vaguely worded provisions whichcriminalize the spreading of false news aimingat disturbing public order (Article 49 of thePress Code), and the “incitement to rebellion”by speeches in public, posters or written bills(Article 121 of the Penal Code).

There are also broadly defined defamationoffences in Article 245 of the Penal Code andArticle 50 of the Press Code. Article 121ter ofthe Penal Code forbids the distribution, sale,display or possession with a view to distribute,sell or display of pamphlets, bulletins, leafletsof local or foreign origin likely to harm publicorder or “good morality”.

THE POLITICAL PRISONERS

After President Zine El ’Abidine Ben ’Alicame to power in November 1987, relationsbetween the ruling party and someelements of the opposition rapidlydeteriorated. To constrain the growth ofincreasingly popular Islamist movements,the authorities proscribed parties basedon religion. The largest Islamist movementthen attempted to form a political party,Ennahda, but was denied legalauthorization in June 1989. A widespreadclampdown on Islamist activists andsympathizers ensued.

During the academic year of 1990/91,in the wake of student demonstrations,thousands of alleged members andsympathizers of Ennahda were arrested.During the protests, some students threwstones and demonstrations sometimesturned into violent clashes with the securityforces. One school student was shot dead

by the police in September 1990. Manyalleged members and sympathizers ofEnnahda were jailed for up to three yearson charges of membership of an illegalorganization, unauthorized meetings andinvolvement in violent activities. While someIslamist activists committed isolated acts ofviolence at the beginning of the 1990s, theEnnahda leadership repeatedly condemnedacts of violence and denied that itsmembers were responsible for them.

In July and August 1992, 265 leaders andmembers of Ennahda were sentenced bymilitary courts in Bouchoucha and BabSaadoun to up to life imprisonment afterunfair trials marred by allegations of tortureand other ill-treatment. They had beenaccused of plotting to overthrow thegovernment and belonging to a bannedorganization. The authorities have sinceused “security” concerns as a pretext forrepressing dissent across the politicalspectrum. In addition to Islamists, those

targeted have included members of thebanned Tunisian Workers’ Communist Party(Parti communiste des ouvriers tunisiens,PCOT), the Movement of DemocraticSocialists (Mouvement des démocratessocialistes) and trade unions.

Today, anyone suspected of opposing oreven being critical of the government is atrisk of harassment, arbitrary arrest,incommunicado detention, torture andimprisonment after unfair trial. Hundreds,possibly thousands, of people have beenarrested under the 2003 anti-terrorism law,typically young men who attend mosquesand discuss religious ideas. Others beingtargeted include members of the GeneralUnion of Tunisian Students (Union généraledes étudiants tunisiens, UGET), politicalopposition activists, trade unionists,members of associations and NGOs deniedregistration by the authorities, andjournalists critical of the government oralleging corruption.

HARASSMENT BYADMINISTRATIVE CONTROL

Most political prisoners are subjectedto administrative control measures aftertheir release. Additional administrativecontrol measures are imposed on politicalprisoners as part of their sentence(supplementary sentence) andoften require them to report regularlyat their local police station followingtheir release.

These measures are not fully set outin law. The Penal Code stipulatesthat “the discharge under administrativecontrol recognizes to the administrationthe right to choose the place of residenceof the prisoner on completion ofhis sentence and to change it, if itis judged appropriate” (Article 23).It also states that “the prisonercannot, without authorization, leavethe residence to which he has beenassigned” (Article 24).

In most cases, the administrative controlorder does not mention any requirement toreport to police, but only to inform them ofa change of address. In practice, however,National Guard or State SecurityDepartment officers, who have authority inthe district where the former prisoner lives,determine the frequency of reporting. TheState Security Department officers, oftenreferred to in Tunisia as the “politicalpolice”, are under the authority of theInterior Ministry and play a central role inthe surveillance and monitoring of politicalactivists as well as people deemed to be athreat, including Islamists, human rightsactivists and journalists. Obligations toreport to a specific police station atspecific times have developed in practice,but have no legal basis.

The frequency of reporting is determinedarbitrarily and varies between prisoners.It is often daily for the first year and oncea week for the following years. As themeasures are not fully specified in law or

in the administrative control order, manyformer prisoners refuse to report to thepolice, risking retaliatory measures.



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FREEDOM OF MOVEMENT

The Constitution protects the right to freedomof movement, stating that “every citizen hasthe right to move freely within the country,to leave it…” (Article 10). So too does theICCPR. Although Article 12 of the ICCPRstates that the right to liberty of movementand freedom to choose one’s residence withina territory and the right to leave a countrymay be restricted by law, these restrictionsmust be necessary to protect nationalsecurity, public order, public health or moralsor the rights or freedoms of others, and “mustnot nullify the principle of liberty ofmovement” as stated by the Human RightsCommittee. Restrictions on freedom ofmovement should only be imposed if they areabsolutely necessary, and non-discriminatoryand proportionate in terms of their impactand duration. The restrictions imposed onTunisia’s former political prisoners clearlydo not meet these criteria.

The Human Rights Committee, whichoversees implementation of the ICCPR, alsospecified: “Since international travel usuallyrequires appropriate documents, in particulara passport, the right to leave a country mustinclude the right to obtain the necessarytravel documents”. A passport provides themeans in practice to exercise the right tofreedom of movement. Tunisian Law No. 75-40of 14 May 1975 on passports and traveldocuments further provides in Article 13 thatall Tunisian nationals have the right to obtainand renew a passport.

In reality, most former political prisonersare subjected to undue limitations to theirfreedom of movement within Tunisia anddenied a passport on arbitrary grounds.

Following his conditional release in November2005 after 15 years in prison, Tahar Harrathi wassubject to a five-year administrative controlmeasure. The first year, he had to report to thepolice station daily. Until December 2008, he hadto report once a week. Since then, he has not beenallowed to leave the city of Sidi Amor Bouhajla,where he lives, without prior authorization fromthe police. In October 2006, Tahar Harrathi wassentenced to two months’ imprisonment forbreach of his administrative control. He had goneto Tunis to see his sister, who was in a comafollowing a car accident. He submitted a writtenrequest to the police station, but after a weekwithout response, he decided to travel to Tunis.Since then he has periodically been brought to thepolice station and threatened with imprisonmentif he leaves the city.

TAHAR HARRATHI

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Journalist Abdallah Zouari was released on 6 June2002 after spending 11 years in prison formembership of Ennahda. He was sentenced to anadditional five years of administrative control. On2 August 2002, the head of the police station towhich he had to report told him that the InteriorMinistry required him to serve his five-year controlterm at Hassi Jerbi, a village in southern Tunisia

some 500km from his home in Tunis, where hiswife and children live. Days later, on 19 August, hewas arrested after he filed an appeal before theadministrative tribunal, challenging the InteriorMinistry’s order. He was subsequently convicted,after an unfair trial, for failing to comply with hisadministrative control measure, and sentenced toeight months’ imprisonment.

After his release, he was subjected to policesurveillance and harassment. He was againconvicted in 2003 for breaches of theadministrative control order and sentenced to13 months’ imprisonment. He was released inSeptember 2004. On 3 June 2007, two days beforethe five-year control order was due to end, thehead of Hassi Jerbi police station told him that hisadministrative control had been extended fora further 26 months. The police refused to givehim this decision in writing and said they weremerely following orders. On 16 June, AbdallahZouari filed a complaint against the arbitraryextension before the Public Prosecutor’s officein Médenine, but to no effect.

Until 2 August 2009, when the administrativecontrol measure was lifted, Abdallah Zouari livedunder constant police surveillance. Plain-clothesofficers were stationed outside his house and

followed him when he left it. He was not allowedto travel more than 30km from Hassi Jerbi withoutpermission and his requests to visit his wife andchildren in Tunis were ignored. His family wasallowed to visit him in Hassi Jerbi, but could notafford the trip often. During these years, AbdallahZouari tried to work as a journalist, publishing onTunisian news websites, such as Nawaat orTunisnews. He was not allowed to visit internetcafés and was not able to obtain an internetconnection at home, limiting his opportunities towork. When he tried to open a small business, itwas shut down by the authorities without givingany legal justification.

In September 2009, he was again arrested inHassi Jerbi and questioned about his contact withhuman rights organizations and his work as ajournalist. He refused to sign a promise not towrite articles and was threatened with the releaseof a film allegedly showing him engaged in sexualactivity if he did not stop his human rights andjournalistic activities. Police insulted him andthreatened him with physical violence.

Plain-clothes officers continue to watch AbdallahZouari’s house and to follow him from time to timewhen he goes out. However, he is now free to travelwithin Tunisia.

ABDALLAH ZOUARI

At present, the frequency of reportingrequired of most former prisoners isless draconian than it was for MohamedToumi Ben Nejma, who had toreport to the police up to 28 times aweek for the first two years after hisrelease in 1997. However, it can stillbe so onerous that it prevents formerprisoners from obtaining paidemployment and obstructs theirreintegration into society.

In addition to court-issued administrativecontrol orders, State Security officers haveimposed on former political prisonersarbitrary measures amounting to anadministrative control order, accompaniedby threats of imprisonment. On occasionthey have also extended the period ofadministrative control without explanation.

People under administrative control ordersmust seek authorization to travel abroad

or outside their area of residence. As aresult, former political prisoners are oftennot allowed to visit family members orfriends, or attend medical appointmentsin a different city. If they breach theseconditions they are jailed or threatenedwith imprisonment. Sometimes, evenif they strictly conform to the conditionsof their administrative control, they arethreatened that they will be accused ofa breach.

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SURVEILLANCE ANDINTIMIDATION

Former political prisoners, whether underadministrative control or not, are oftenquestioned by security officers about theirdaily activities. They are watched, followedby State Security officers in plain clothes,

and barred from attending meetings,limiting their freedom of movement. Thesurveillance is clearly conducted as a formof intimidation of the former prisoners,their family and friends.

Sometimes, State Security officers visitthe homes, relatives and employers of

former political prisoners, and askquestions about their activities. StateSecurity officers on occasion demandto see the identity documents of theirvisitors. As a result, relatives andfriends are often too scared to visitor contact the former prisoners, leavingthem isolated.

ABDELKARIM HAROUNI

Since his conditional release on 7 November 2007after more than 16 years in prison, AbdelkarimHarouni, a 49-year-old engineer, has been underovert surveillance by the security forces. He wassubject to administrative control measures for twoyears. He refused to report to the police asthis was not included in the administrativecontrol order.

Since April 2008, when he was elected SecretaryGeneral of Liberty and Equity – a human rightsNGO that is denied legal registration by theauthorities – Abdelkarim Harouni has been underconstant police surveillance by several StateSecurity officers on motorcycles or in cars. In June2008, he was arrested twice after he gave aninterview to the television channel Al HiwarEttounsi about the harassment faced bymembers of Liberty and Equity. Despite pressureand threats of imprisonment, he refused to signa promise not to give interviews or make

statements to the media, and not to havecontacts with international human rightsorganizations. In September 2008, State Securityofficers in plain clothes prevented him fromentering the premises of Liberty and Equity. Othermembers of the group have been prevented fromvisiting him at home.

In 2009, Abdelkarim Harouni faced a range ofrepressive actions. In January, while a conferenceorganized by the Arab Institute for Human Rightswas being held in Tunis, he was prevented fromleaving his house. In May, he was detained for twohours under the pretext of an arrest warrantdating from 1991. In the run-up to a conferenceheld in July organized by the Progressive

Democratic Party, a legally registered oppositionpolitical party, to which human rights NGOswere invited, he was subjected to increasedsurveillance and harassment. In August, hiswedding was marred by the intimidating presenceof and disturbances by State Security officers. InOctober, he was arrested in the street andquestioned about his work and activities, andpolice surveillance increased in front ofhis new house, which he was forced to leavedue to the reported pressure on the owner toend the lease. This harassment has negativerepercussions on his economic and social well-being, as he cannot meet people or undertake anysocial activities and is constantly under the threatof intervention by the security forces.

“This harassment is an attemptto isolate me from society.Finding a job, getting marriedor visiting friends and relativesare difficult tasks. There is aclimate of fear among my familymembers, the neighbours andmy friends, who do not dare tovisit us.”Abdelkarim Harouni

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ONGOING REPRESSION ANDECONOMIC SUFFOCATION

Former political prisoners have beenrearrested and prosecuted for resumingpeaceful political activity or publiclycriticizing the government. Somehave been otherwise harassed andintimidated to stop them from exercisingtheir rights to freedom of expression,association and assembly, in breach

of Articles 19, 21 and 22 of the ICCPR andthe Tunisian Constitution.

Most former political prisoners areprevented from visiting other former politicalprisoners, NGOs and opposition politicalparties. State Security officers oftenphysically block them in their homes,or warn them not to leave or they will bearrested, to stop them attending politicalmeetings or human rights conferences.



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Hamadi Jebali, a 60-year-old power engineer andformer editor of the Islamist publicational-Fajr (Dawn), was released from prison inFebruary 2006. He had been sentenced by amilitary court to 16 years in jail for membershipof Ennahda and other related charges. Since hisrelease he has been subject to a five-yearadministrative control measure in the city ofSousse, where he lives. He has to report to thepolice station daily, but refuses to do so. Heis constantly followed by State Security andNational Guard officers. Every time a relativeor friend visits him, police and State Securityofficials identify the visitor. All this makes HamadiJebali feel constantly under threat. Hamadi Jebalisays that all his relatives face restrictions andintimidation. Even his brother and daughter’semployers were put under pressure. He and hiswife were threatened with imprisonment if heparticipates in the activities of NGOs or revivesold social and political relations. They are undertight police surveillance and their freedom ofmovement outside Sousse is severely restricted.They applied for passports more than a year ago,but their applications remain unanswered.

HAMADI JEBALI

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Since his conditional release after 14 years inprison in November 2004, Ali Laaridh, a 54-year-old engineer by training, has been arrested morethan 20 times and brought to the Interior Ministryor a district police station to be interrogated abouthis media statements, movements and activities.He has also frequently been warned againstparticipating in public events or issuing publicstatements. State Security officers are regularlyin front of his home and question visitors. Theyfollow him when he leaves his house.

Ali Laaridh was on various occasions preventedby force from attending conferences or enteringthe offices of political parties and civilsociety organizations, including human rightsorganizations. He says he is forbidden fromleaving Tunis and has been denied a passport.

Tunisian human rights organizations supportthe demands of former political prisonersto be allowed to live freely. Two NGOs, theInternational Association for the Support ofPolitical Prisoners (Association internationalede soutien aux prisonniers politiques, AISPP)and Liberty and Equity, were created to supportpolitical prisoners from the time of their arrest,provide legal assistance, and defend their rightsafter their release. Both organizations are deniedlegal registration by the Tunisian authorities.

They are therefore barred from seekingauthorization to hold public events or rentvenues for such events, and from seeking funds.Their members cannot access their premisesat the same time, if at all. Their activitiescan be criminalized, with their officials andmembers open to charges of taking part inan unauthorized meeting or belonging to anillegal organization. Their members are alsoregularly intimidated by the security forcesfor expressing their views.

TUNISIAN HUMAN RIGHTS ORGANIZATIONS

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ALI LAARIDH



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Former prisoners are often physicallyprevented from entering buildings wheremeetings are being held.

The repression and persecution affect theirfamilies. Not only did families spend yearstravelling around the country to supportthe prisoners with food and clothesdespite the financial burden, but theywere also kept under strict surveillance

and often interrogated, harassed andintimidated, including their children. Atthe beginning of the 1990s, wives andwomen relatives of political prisoners hadalready borne the brunt and were targetedby the authorities; scores have reportedthat they were arrested and then torturedand otherwise ill-treated, includingby sexual abuse and threat of rape, inincommunicado detention. Some wives

of political prisoners have been pressuredto resign from their jobs. After the releaseof political prisoners, such intimidation andharassment of their families continue.

After 17 years in prison, Abdelhamid Jelassi, aged49, was conditionally released on 17 November2007. No administrative control sentence wasincluded in his initial sentence. Upon his release,he was put under continuous surveillance byplain-clothes State Security officers stationednear his house in Sousse, who also followed him intown and when he visited friends in Tunis. Everymeeting and contact with friends and family wasunder scrutiny.

After he protested, he says, neighbours startedto inform the police about his movements andvisits. Some neighbours do not greet him or hisfamily in the street or visit them, apparently afraidof being questioned by the police or havingproblems at work. His family feels sociallyisolated. Abdelhamid Jelassi reported that aState Security officer asked his father-in-lawto report on him.

Abdelhamid Jelassi cannot find employment,despite being a qualified chemical engineer.He feels that the harassment has led to poorrelations with his friends, neighbours andacquaintances, and he is always trying to avoidcausing trouble for others.

ABDELHAMID JELASSI

Former prisoner of conscience and human rightsdefender Lassad Jouhri, aged 50, was released inMarch 1998 after more than six years in prison for

membership of Ennahda and other related charges.Since his release, he has not been able to obtainan identity card, even though it is compulsory for allTunisians aged over 18 to have one under Tunisianlaw. He appealed to the administrative tribunal,which on 13 December 2006 ordered the InteriorMinistry to issue him with an identity card.The Ministry refuses to implement the decision. Theauthorities also refuse to issue a new passport tohis wife and two daughters.

Lassad Jouhri, a founding member of the AISPP, isphysically disabled. He says this is the result ofinjuries sustained when he was being tortured indetention between 1991 and 1994. Lassad Jouhri isfrequently followed by State Security officers,harassed and interrogated. He is also regularlythreatened with physical attack or imprisonment ifhe does not stop his human rights work on behalfof political prisoners and former prisoners. Forexample, in August 2002 he was assaulted by fiveplain-clothes policemen, and in May 2007 he wasdetained for a day when he was due to meetinternational human rights NGOs and was askedto sign a statement with a commitment to stoppolitical and social activities.

In January 2010, Lassad Jouhri was sentenced inhis absence to three months in prison for“unauthorized fundraising”. He went on the run,fearing for his life, after State Security officerssearched his house and terrified his family. It isfeared that this prosecution is linked to hisactivities in support of former political prisonersand human rights in Tunisia.

LASSAD JOUHRI

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International

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“Having no identity cardcomplicates my daily life. Itprevents me from signing leases,from fulfilling administrativeprocedures for my family, fromasking for a passport or aBulletin 3. I cannot obtain anagreement to be a trader/retailer, for that I need topresent an ID and a Bulletin 3”Lassad Jouhri, July 2009



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Mohamed Abbou, a human rights lawyer anddefender, was sentenced in April 2005 to 18months in prison, after an unfair trial, for an articledenouncing torture in Tunisia that was publishedon a website on 26 August 2004. He was sentencedto a further two years in prison for allegedlyassaulting a woman lawyer, Dalila Mrad, in June2002; witnesses say this charge was unfounded.He was a prisoner of conscience. On 24 July 2007,he was granted a presidential pardon, havingserved 28 months of his sentence.

Since his release, Mohamed Abbou has beenprevented from leaving Tunisia seven times. Eventhough there is no basis in Tunisian law to preventpeople from travelling abroad, and MohamedAbbou has not been notified of conditionsattached to his release, he was told by securityofficers at the airport in August 2007 that he wasnot allowed to travel because of the conditionslinked to his release. No details were given.

During subsequent attempts to travel, he wastold that he did not have a document from theMinistry of Justice and Human Rights to showthat he had served his sentence. Then, on 3 and6 March 2009, he was barred from travellingwithout explanation and security officers atthe airport passport control suggested that he

should not try to leave the country again. Themysterious travel restrictions were lifted inMay 2009, when he was allowed to go to Franceand Belgium at the invitation of AmnestyInternational. Mohamed Abbou has alsoeffectively been prevented from working as alawyer in Tunisia. His office has been watched by

security officers and potential clients havebeen intimidated by security officers and told tochange lawyer.

Mohamed Abbou is still followed by securityofficers and his house is periodically surroundedby officers who monitor his visitors.

MOHAMED ABBOU

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International

Former political prisoners also facediscrimination in the administrativesystem. Their requests for officialdocuments, such as a copy of theircriminal record (Bulletin 3) or a passport,are excessively delayed and sometimesdenied. In most instances, no explanationor written decision is given.

Some of these official documents arerequired to find employment in publicinstitutions or to obtain a professionallicence to work as a lawyer or doctor,for example. This, on top of the constantsurveillance and restrictions on theirmovement, adds to the difficulties faced by

former political prisoners when looking forwork. After years in prison, they often lackappropriate qualifications or experienceand face high levels of unemployment.When they do find a job, according toreports, pressure is sometimes exertedon employers to fire them. When theytry to start small businesses, these areshut down without any legal reason orpotential clients are allegedly advisedto take their custom elsewhere. All theserestrictions appear to be designed tosuffocate them economically.

The denial of passports prevents formerpolitical prisoners from travelling abroad,

in many cases to visit their families. Apassport can also be crucial for obtainingemployment with one of the manyinternational companies in Tunisia.

Many former political prisoners havechallenged before the administrativetribunal the authorities’ refusal to givethem documents or a passport. Thesetribunals hear cases of alleged abuseof power by an administrative body,and have often ruled in favour of formerpolitical prisoners, including over theissue of passports. In the large majorityof such cases, however, the relevantauthorities have ignored the rulings.

Hamdi Zouari, now aged 39, was arrestedwhen he was 21 and sentenced to 10 years’imprisonment and five years’ administrativecontrol for membership of Ennahda and otherrelated charges. When he was released on 9September 2001, he had to report to the policestation every Wednesday. Later that year he wassentenced to one month’s imprisonment forbreaching this condition after he failed to reportone week due to a national holiday and went a daylate the following week.

After his release, Hamdi Zouari asked to resumehis studies at the National School for Engineers,but this was refused. In January 2007, he appliedfor a new passport. Eighteen months later he fileda complaint before the administrative tribunal as

he had received no response. In November 2009,the tribunal ordered the Interior Ministry to issuehim a passport. This has not yet happened.

After he obtained his diploma in computerengineering from a private college, he worked forfive foreign companies based in Tunisia. Hiscontracts were not renewed as he needed apassport to travel abroad for training or meetings.He has now been working for a multinationalcompany for more than two years and has beenasked to go abroad for training. If he cannottravel, he fears he will be dismissed and haveto reimburse the costs of training he hasalready received.



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HAMDI ZOUARI

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SAMIR TAAMALLAH

After his conditional release from prison inSeptember 2002, Samir Taamallah, a memberof the banned Tunisian Workers’ Communist Partyand former activist of the UGET, was effectivelyprevented from resuming his studies at theFaculty of Literature and Human Sciences atKairouan University. On 27 November 2002, heand two other students started a hunger strike.They ended it after receiving guarantees from theMinistry of Higher Education that they would beallowed to register. The two others were indeedable to register but Samir Taamallah was not. In2003, he applied for a passport to allow him tostudy abroad, but this was also refused. Between2002 and 2007, he was regularly arrested by StateSecurity officers to prevent him from participatingin demonstrations or human rights conferences.He was usually brought to a police station andkept, without questioning, for up to 11 hoursbefore being released.

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“I have been working for twoyears for this company. I alreadymissed a business trip in 2008and have received warnings frommy superiors. I need to travelimmediately for business tripsas part of my commitmentstowards the multinationalcompany that hired me.”Hamdi Zouari, October 2009

Most former political prisoners do notreceive their electoral cards, despiterepeated requests, and are not allowed tovote. Close relatives are reportedly similarlyaffected. Article 3 of the Tunisian ElectoralCode stipulates that anyone sentencedto more than three months’ imprisonment(or to a six-month suspended sentence) fora criminal offence cannot be registered onthe electoral roll. However, Article 369bisof the Code of Criminal Procedure providesfor the reinstatement of the political andcivil rights of prisoners after a maximumof five years after the sentence has been

served and no new offence has beencommitted. Such reinstatement rarelyhappens in practice.

Many political prisoners were studentsat the time of their arrest in the early1990s. In most cases they were notallowed to study in prison, in breach ofinternational standards and Article 19of the 2001 Tunisian law on prisonadministration. After their release,hundreds have reportedly beenprevented from resuming their studiesin state-run universities, in violation of

Article 13 of the International Covenanton Economic, Social and CulturalRights (ICESCR), which guaranteesthe right to education, including the rightto higher education.



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MEDICAL CARE DENIED

Some former political prisoners are deniedaccess to health care. Some are notallowed a medical card (carte de soins)or a disability card (carte d’handicapé),which allow those without income or with

disabilities to access health care. In somecases this may prevent them receivingtreatment for injuries or conditionscaused or aggravated by torture or poorconditions in prison. Those denied apassport are also unable to go abroadfor medical treatment.

Article 12 of the ICESCR provides for the rightof everyone to enjoy the highest attainablestandard of physical and mental health.By not allowing former political prisoners toreceive the medical care they need, theTunisian authorities are again breachingtheir international human rights obligations.

ABDELLATIF BOUHAJILA

Since his conditional release in November 2007after more than nine years in prison, AbdellatifBouhajila, aged 40, has been unable to gethis medical files from the hospital wherehe was treated during his imprisonment. Inaddition, his hospital appointments have beensystematically postponed in an apparent attemptto prevent him from receiving the medical careneeded. In protest, he started a hunger strike on2 October 2008.

Abdellatif Bouhajila had kidney surgery in 2002and continues to suffer from heart and kidneyproblems, for which he requires urgent medicalcare. His health is said to be poor due to ill-treatment in prison and multiple hunger strikes.On 12 November 2008, he was visited by twoMinistry of Public Health officials, who asked himabout his medical condition and promised toprovide medical assistance, but nothing furtherhas happened since then. Abdellatif Bouhajila

has to pay for his treatment as he was refused amedical card. His April 2008 application for apassport was refused without a writtenexplanation, denying him the option of medicaltreatment abroad.

©Amnesty

International

“I undertook hunger strikes to have access to medicalcare. My demand was rejected by the Tunisian authorities;last year, I continued a hunger strike to the point of totalexhaustion. I still suffer, I have heart problems, problemsin my kidneys and legs. All I ask for is to have a passportto get treatment abroad.”Abdellatif Bouhajila, September 2009

Amnesty International is a global movement of 2.8 million supporters,members and activists in more than 150 countries and territories whocampaign to end grave abuses of human rights.

Our vision is for every person to enjoy all the rights enshrined in theUniversal Declaration of Human Rights and other international humanrights standards.

We are independent of any government, political ideology, economic interestor religion and are funded mainly by our membership and public donations.

February 2010Index: MDE 30/003/2010

Amnesty InternationalInternational SecretariatPeter Benenson House1 Easton StreetLondon WC1X 0DWUnited Kingdom

www.amnesty.org

12

ACT NOW

The relentless harassment of formerpolitical prisoners is denying hundreds ofpeople their fundamental rights and isemblematic of the Tunisian government’sintolerance towards any criticism ordissent, past or present. The prisonershave already been punished, many ofthem after unfair trials and for activitiesthat should not be criminalized. Theyshould now be free to rebuild their socialand family lives, find paid employment,and access appropriate medical care. Theyshould also be free to exercise their rightsto freedom of expression, assembly andassociation – rights for which many ofthem have already spent years in prison.

Please write to the Tunisian authoritiesand call on them to:

� end the harassment and stigmatizationof political prisoners after their release;

� end the imposition of abusive orarbitrary measures of administrativecontrol on former political prisoners;

� ensure freedom of movement toformer political prisoners and allow themto reintegrate into society, throughcontacting their social networks, findingemployment, accessing health care, andobtaining official and identity documents,including passports;

� repeal all provisions in the Penal Code,the Press Code, the 1969 law on publicmeetings, the 1959 law on associations,which criminalize the peaceful exerciseof the rights to freedom of expression,association and assembly;

� stop the harassment, arrest,prosecution and conviction ofindividuals for peacefully exercisingtheir right to freedom of expression,assembly and association;

� grant legal registration to NGOsworking for the rights of former politicalprisoners, including the InternationalAssociation for the Support of PoliticalPrisoners and Liberty and Equity;

� undertake a thorough review of thelaws, policies and practices that led tothe victimization of hundreds of Tunisians,and adopt a comprehensive plan torehabilitate victims of state abuses.Adequate reparation should be provided,including compensation, restitution,rehabilitation, measures of satisfactionand guarantee of non-repetition, as wellas bringing to justice the perpetrators ofhuman rights violations.

PLEASE WRITE TO:President Zine El ’Abidine Ben ’Ali

Palais présidentiel

Tunis

Tunisia

Fax: +216 71 744 721

Salutation: Your Excellency

Lazhar Bououni

Minister of Justice and Human Rights

31 Boulevard Bab Benat

1006 Tunis - La Kasbah

Tunisia

Fax: +216 71 568 106

Salutation: Your Excellency

HABIB ELLOUZ

Political prisoner Habib Ellouz was conditionallyreleased from prison on 5 November 2006. He hadbeen sentenced in 1992 by a military court inconnection with his membership of Ennahda andother related charges. He remains under variousadministrative control measures that cover aperiod totalling 13 years. These restrict hisfreedom of movement, and prevent him fromseeking appropriate medical treatment fordiabetes and the glaucoma he contracted inprison. Due to medical neglect in prison, hebecame blind in one eye, and is at risk of losingthe sight in the other. An ophthalmologist whooperated on him in Tunis after his release saidthat his eyes should be checked every two weeks.However, due to intimidation by the authoritiesand his administrative control order requiring himnot to leave the Sfax region without priorpermission, Habib Ellouz can only be examinedevery three months. When he has medicalappointments, the security officers insist that heshould not leave Sfax, warning that other formerpolitical prisoners have been rearrested forleaving their region. When he needs to leave Sfax,he is requested to give the name and address ofhis doctor as well as his accommodation plans.He is followed while in Tunis, at times even withinmedical premises.

©Private


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