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 KUNA 271133 May 11NNNN