Date : 27/05/2011
GENEVA, May 27 (KUNA) -- The UN Special Rapporteur on human rights and
counter-terrorism, Martin Scheinin, urged on Friday the Transitional
Government of Tunisia to carry out necessary reforms within the
counter-terrorism framework, in compliance with international human rights law.
"I call for measures against impunity to secure accountability for crimes
and human rights violations committed in the name of counter-terrorism,"
Scheinin said in a press release after his five-day visit to Tunisia
"The global threat of terrorism is real and can only be responded to
through properly targeted and lawful measures, instead of using the notion of
terrorism to suppress dissent," he said.
Accordingly, the independent expert offered his assistance to replace the
abusive anti-terrorism law of 2003 with a proper legislative framework which
regulates Tunisia's anti-terrorism efforts in line with international legal
standards on countering terrorism, while fully respecting human rights and
fundamental freedoms.
Following up on his previous report, in which he expressed grave concern
about the activities of various entities of the security apparatus, and the
secrecy and impunity in which they operated, Mr. Scheinin welcomed the
abolition of the Directorate for State Security by the Transitional Government.
"Secrecy was an important element that contributed to the shield of
impunity under which these actors could operate," the Special Rapporteur
noted.
"All security organs' functions and powers must be regulated by publicly
available laws. Such transparency avoids not only the creation of myths about
what these agencies do, but also ensures accountability of these agencies if
they commit illegal acts."
Scheinin greeted the first steps taken by the Transitional Government to
establish accountability for those who attacked the demonstrators earlier this
year, but underscored that "in order to look truly forward towards a new
Tunisia, it has to come to terms with dark remnants of its past."
"Tunisia should continue to investigate ex officio allegations of torture
and illegal detention, often committed under the pretext of the fight against
terrorism," he said.
"Investigating, prosecuting and trying those responsible for the crimes in
question can also help rebuilding trust between the population and the
security forces in the country."
The Special Rapporteur also commended Tunisia's decision to ratify the
International Convention against Disappearances, the Optional Protocols to the
Convention against Torture and the Covenant on Civil and Political Rights, and
the Rome Statute of the International Criminal Court. However, he warned that
"these promises will turn into real rights only when the formal ratification
process has been completed."
"Since my last visit to Tunisia in early 2010, the world has witnessed how
the negation of human rights by oppressive regimes, including under the
pretext of countering terrorism, can bring together a critical mass of people
from very different walks of life to pursue their aspirations for a free and
democratic society and a Government that respects human rights. Tunisia has
become a symbol of this lesson", said the UN Special Rapporteur.
"I have seen initial steps that indicate a break with Tunisia's past. I was
pleased to hear that many of my interlocutors confirm that the abusive
anti-terrorism law of 2003 has not been used since the events of 14 January,
including against the Tunisian people that demanded change", he said.
However, in Al Mornaguia Prison I learned that individual judges sometimes
still order persons detained under the 2003 law. This now mostly dormant law
did not do what it was supposed to do.
The Transitional Government has acknowledged this by adopting an amnesty
law covering those who were convicted or held under this law.
In order to provide the Tunisian people with the security they deserve, I
offer the assistance of my mandate to replace the 2003 law with a proper
legislative framework which regulates Tunisia's anti-terrorism efforts in line
with international conventions and protocols on countering terrorism, while
fully respecting human rights and fundamental freedoms.
The global threat of terrorism is real and can only be responded to through
properly targeted and lawful measures, instead of using the notion of
terrorism to suppress dissent.
"My report singled out the Directorate for State Security as a crucial
entity that was responsible for activities of torture and arbitrary and even
secret detention", he added.
He commends therefore the abolishment of this entity by the Transitional
Government.
All security organs' functions and powers must be regulated by publicly
available laws. Such transparency avoids not only the creation of myths about
what these agencies do, but also ensures accountability of these agencies if
they commit illegal acts. In this context, he has noted statements that the
'political police' in Tunisia has been abolished.
Such 'police' did not exist in the law, but it was used as term by the
public, and now also by officials, to describe those elements in the security
organs related to the Ministry of the Interior that were responsible for
cracking down on political and human rights activists and other dissent.
Changes in the way Tunisia's security organs operate should not be limited
to slogans, but should result in concrete measures. The first steps have been
taken to establish accountability for those who attacked the demonstrators in
January of this year.
He welcomes this positive development, but wantS to stress that in order to
look truly forward towards a new Tunisia, it has to come to terms with dark
remnants of its past.
He learned that until now 60 security officials have been arrested, 7
persons in the highest ranks prosecuted, and 42 officials forced to retire, or
went into retirement voluntarily.
Tunisia should continue to investigate ex officio allegations of torture
and illegal detention, often committed under the pretext of the fight against
terrorism. Investigating, prosecuting and trying those responsible for the
crimes in question can also help rebuilding trust between the population and
the security forces in the country.
Martin Scheinin was appointed Special Rapporteur by the former United
Nations Commission on Human Rights in August 2005. The mandate was renewed by
the Human Rights Council in October 2010. As Special Rapporteur, he is
independent from any Government and serves in his individual capacity.
He is Professor of Public International Law at the European University
Institute in Florence.
A full report of the Special Rapporteur's follow-up mission to Tunisia will
be presented to the United Nations Human Rights Council in 2012. (end)
ta.rk
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