Tunisia


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On October 11th, the newly appointed first women Prime Minister in the Arab world Najla Bouden has unveiled her government. Tunisia is still in a state of political turmoil since July 25th 2021, when President Kais Saied invoked emergency powers, announced plans to suspend parliament until further notice, lift immunity for its members, and stated that he will personally preside over the public prosecution of parliamentarians. President Kais Said also dismissed Prime Minister Hichem Mechichi, whose government was responsible for a sharp deterioration of human rights in Tunisia and poor management over the Covid-19 crisis. This was possible also because of a power gap made by the fact that the Constitutional Court, which was due to be set up in 2015, was still not established as Parliament repeatedly failed to elect the first third of the Court’s members.

 

Join our urgent action on Yassine Ayari

Yassine Ayari, an outspoken parliamentarian and whistle-blower who exposed several corruption cases in Tunisia, has multiple prosecutions against him following his statements criticizing the government. He has just served a 2-months sentence by a military court for a 2018-Facebook post criticizing the army.

  1. Please take action as-soon-as possible asking authorities to drop all Yassine Ayari prosecutions which stem from his exercise of his freedom of expression. Call on the authorities to stop the prosecution of civilians before military courts and to halt the use of defamation laws as a repressive tool against critical voices (this Urgent Action expires on November 9, 2021)
  2. Write a letter in your own words or using this sample as a guide. You can also email, call fax or Tweet/Facebook them
  3. Click here to let us know the actions you took on Urgent Action 97.21. It’s important to report because we share the total number with the officials we are trying to persuade and the people we are trying to help.

 

HUman rights

After President Kais Saied’s take over, Amnesty International reported widespread use of arbitrary travel bans in Tunisia while bypassing the judiciary. At least 50 people, including judges, senior state officials and civil servants, businessmen, and a parliamentarian, were barred from travelling abroad over the past month without any judicial authorization, written order, reasons or timeframe for the ban. The total number facing travel bans since 25 July is likely to be far greater. Also, since President Kais Saied’s take over, Amnesty International has also reported an increase in cases of defamation.

During Covid-19 pandemic, the country was put under a general lockdown from 22 March to 4 May to control the spread of COVID-19. The government allocated TND450 million (US$155 million) in aid for poor families and people who had lost their income due to the pandemic and adopted other measures to support businesses and low-income workers. Although these limited encouraging actions, Protests continued over the lack of employment opportunities, poor living conditions, and water shortages, particularly in marginalized and underdeveloped regions. People financially impacted by the COVID-19 crisis protested in several governorates, accusing local authorities of corruption and demanding increases and more transparent distribution of government aid. Protests were staged against insufficient government protection of health workers during the pandemic.

Human rights main concerns are that bloggers and social media users were investigated or prosecuted for the peaceful online expression of their views, including for criticizing the government’s approach to dealing with COVID-19. Protests were staged against insufficient government aid and protection of health workers during the pandemic. Refugees and asylum-seekers were detained for irregular entry into Tunisia. Arbitrary detention of undocumented migrants in reception centres continued. Lesbian, gay, bisexual, transgender and intersex (LGBTI) people were arrested and detained for consensual same-sex sexual relations. The government published in the official gazette the final report of the Truth and Dignity Commission, and trials continued before specialized criminal chambers of people accused of human rights violations committed between 1956 and 2013.

Finally, it is worth mentioning that authorities renewed four times the nationwide state of emergency in place since November 2015.

Updated on 10/25/2021

Contact

For more information on Amnesty International’s work on Tunisia, refer to the links below or contact the AIUSA Tunisia Coordination Group.

Police violence
Freedom of expression
LGBTI's rights
Women’s rights
Rights of refugees, asylum-seekers and migrants
Right to truth, justice, and reparation
Death penalty
Right to health

Police use unnecessary and excessive force during protests.

In Tunisia today, torture and other ill-treatment cases during arrest and while in police custody almost always go unpunished. It is outrageous that there has not been a single successful prosecution of a security officer for torture by criminal courts.

Tunisian authorities must conduct an impartial and effective investigation into the suspicious circumstances of Ahmed Ben Amara’s death on June 8th 2021. His death has sparked outrage precisely because Tunisians do not believe the perpetrators will be held accountable.

Following Ahmed Ben Amara’s death, clashes erupted over the following days between the residents of the Sidi Hassine neighbourhood and security forces. Amnesty International documented six cases of severe ill-treatment and direct targeting of the protesters with unlawful force. On 9 June, police officers beat and stripped naked a 15-year old boy, Fedi Harraghi, on one of the main avenues in Sidi Hassine, following Ahmed Ben Amara’s funeral.

For instance in June 2020 when dispersing a peaceful three-week protest known as the El-Kamour sit-in in the southern governorate of Tataouine. The sit-in blocked all roads to the El-Kamour oil pump station which stopped all work at the station. Overnight on 20/21 June, police fired tear gas recklessly in densely populated residential areas with some canisters landing inside homes and near to a hospital. Patients, health workers, hospital staff and soldiers guarding the hospital were exposed to tear gas which caused them breathing difficulties. At least 11 protesters who were arbitrarily arrested during the dispersal said they were insulted, kicked, dragged along the ground, beaten with batons or firearm butts, even when they did not resist. Injured protesters were left in police stations for hours before being taken to hospital to receive urgent medical care.

In November 2020, Amnesty International released a report documenting a pattern of criminal investigations and prosecutions of young activists in relation to their peaceful exercise of freedom of expression on social media. In several cases, young activists were summoned for criticizing the government’s response to Covid-19.

On 16 April 2021, the Tunisian Ministry of Health issued a directive stating that only a specified list of representatives from the health sector are authorized to make statements to the media or on social media in relation to the pandemic. Doctors and other Ministry of Health workers whose names are not listed may face disciplinary and criminal punishment if they speak to journalists or post on social media without prior authorization.

At least nine bloggers and social media users were investigated or faced criminal prosecutions for publishing online posts critical of local authorities, the police or other state officials under restrictive Penal Code and Telecommunications Code provisions that criminalize “insult”. In five of these cases the people were detained for periods ranging between a few hours and two weeks. Police unions openly threatened to press charges against people for legitimate criticism of police conduct.1

In April 2020, police arrested two bloggers, Anis Mabrouki and Hajer Awadi, after they criticized on Facebook local authorities’ distribution of aid during lockdown. On 13 April, the prosecution of the Court of First Instance of El-Kef city charged Hajer Awadi with “insulting a civil servant” under Article 125 of the Penal Code and “causing noises and disturbances to the public” under Article 316, in reference to an altercation that took place between her and a police officer who tried to stop her from filming live on the street.2 She was detained until 20 April when the court sentenced her to a suspended 75-day prison term. On 15 April, Anis Mabrouki was charged with “causing noises and disturbances to the public” and “accusing public officials of crimes related to their jobs without furnishing proof of guilt.” He was detained until the Court of First Instance in Manouba city acquitted him on 30 April.

In July, the Court of First Instance of Tunis sentenced blogger Emna Chargui to six months in prison after convicting her on charges relating to a satirical social media post she shared that was deemed “offensive to Islam”. The charges were “inciting hatred between religions through hostile means or violence” and “offending authorized religions” under Articles 52 and 53 of the Press Code, respectively.3 On 8 October 2020, Myriam Bribri, an anti-impunity activist, appeared before the Court of First Instance in Sfax after being charged the same day under Article 86 of the Telecommunications Code following a complaint from the Secretary General of a security forces union in Sfax, accusing her of “insulting the police”.

LGBTI people continued to be arrested and prosecuted under laws that criminalize consensual same-sex sexual relations, “indecency” and acts deemed “offensive to public morals”. According to DAMJ, the Tunisian Association for Justice and Equality, between January and October, courts convicted at least 15 men and one woman under Article 230 of the Penal Code, which criminalizes “sodomy”.

Transgender people faced police harassment and continued to live with the risk of arrest under vague “public decency” articles of the Penal Code, including Article 226bis.

On 5 August 2020, a police officer verbally abused Rania Amdouni, a feminist LGBTI rights activist and President of the association Chouf Minorities, in the centre of downtown Tunis. This led to a verbal altercation between the police officer and Rania Amdouni which attracted attention from passers-by who then attacked her and three of her friends. The police stood by, failing to intervene to stop the attack and inciting the violence by using homophobic and transphobic insults. The four pressed charges and an investigation was opened. Although the identity of the police officers involved was known, they were not suspended or arrested following the investigation.

On 15 March 2020, the Supreme Judicial Council postponed all civil case hearings, including family law cases, on the grounds that all but “emergency or necessary” court proceedings were suspended. This hindered women’s access to justice because “emergency” cases as specified by the Ministry of Justice and the Supreme Judicial Council did not take into account the situation of women as they excluded matters relating to domestic abuse, custody of children, alimony and protective measures dealt with by a family judge.

According to the UN Entity for Gender Equality and the Empowerment of Women, helplines and shelters for survivors of violence reported a sharp increase in calls for help and requests for emergency shelter during the pandemic. Between 23 March and 31 May, 9,800 calls were recorded on the Ministry of Family’s toll-free numbers, nine times more than usual. Of these, 2,700 concerned cases involving violence. According to women’s rights organizations, police failed in many cases to provide the necessary response to women at risk of domestic violence during lockdown.

Trials of people accused of human rights violations perpetrated between 1956 and 2013, referred by the Commission, continued before specialized criminal chambers, albeit at a slow pace with frequent adjournments.

Victims, and relatives of victims who had died, continued to await implementation of the reparation programme set up by the Truth and Dignity Commission. The government established a reparations fund in June that was activated on 24 December. The reparations included financial compensation, rehabilitation, professional integration or education, the restitution of rights and official apologies.

The first hearing in the trial of customs officials accused of killing Aymen Othmani in 2018 was held on 21 January at the Tunis II Court of First Instance. The two officials charged with manslaughter and three others charged with failure to provide assistance were not present at the hearing. Aymen Othmani died in Sidi Hassine neighbourhood of Tunis, the capital, after customs officials fired live bullets during a raid on a contraband warehouse. According to the forensic report, Aymen Othmani was shot in the back and upper leg.

Authorities continued to arrest and detain, without legal grounds, undocumented migrants and asylum-seekers. At least 50 migrants from sub-Saharan countries were detained arbitrarily between March and September in the Ouardia Reception and Orientation Centre in Tunis. In June, a group of 22 migrants detained in the Centre filed an urgent complaint before the Tunis Administrative Court challenging their arbitrary detention. On 10 July, the Court issued an order to suspend the detention of the migrants. The Ministry of Interior gradually released the detainees between July and September. The Ouardia Centre continued to receive migrants and asylum-seekers, and remained overcrowded with at least 50 detainees sharing five rooms, two bathrooms and a communal eating area. These conditions made it impossible to prevent the spread of COVID-19, posing a grave risk to the health of all those who worked and stayed there.

On 24 June 2020, and after a delay of a year, the government finally published in the official gazette the report of the Truth and Dignity Commission, the entity that looked into human rights violations perpetrated between 1956 and 2013. The report exposed the multi-layered and intricate system of oppression and corruption prevalent in Tunisia for 60 years and made recommendations for reform.

Trials of people accused of human rights violations perpetrated between 1956 and 2013, referred by the Commission, continued before specialized criminal chambers, albeit at a slow pace with frequent adjournments.

Victims, and relatives of victims who had died, continued to await implementation of the reparation programme set up by the Truth and Dignity Commission. The government established a reparations fund in June that was activated on 24 December. The reparations included financial compensation, rehabilitation, professional integration or education, the restitution of rights and official apologies.

The first hearing in the trial of customs officials accused of killing Aymen Othmani in 2018 was held on 21 January at the Tunis II Court of First Instance. The two officials charged with manslaughter and three others charged with failure to provide assistance were not present at the hearing. Aymen Othmani died in Sidi Hassine neighbourhood of Tunis, the capital, after customs officials fired live bullets during a raid on a contraband warehouse. According to the forensic report, Aymen Othmani was shot in the back and upper leg.

Death sentences were handed down; there were no executions. The country is abolitionist in practice as it retains the death penalty in law, but hasn’t executed for at least 10 years. Unfortunately, current President Saïed said he was in favour of resuming executions during a National Security Council meeting.

Tunisia’s vaccine rollout began in March 2021 but has been undermined by a lack of transparency, political interference, delays in vaccine shipments and a failure to take into consideration human rights vulnerabilities in selection of priority groups.

Human rights must be considered when deciding who to prioritize.

Between March and September 2020, health workers in hospitals in Kasserine, Sfax, Tunis and other governorates staged protests against the authorities’ failure to protect them against COVID-19 at work. The Health Workers Union protested against the lack of sufficient personal protective equipment (PPE) in health facilities and criticized the government for failing to address their needs. In response to this, in September, the union and the Ministry of Health reached an agreement that included a commitment from the government to provide PPE for health workers, consider COVID-19 an occupational disease and give health workers priority in COVID-19 testing procedures.

Take action: Yassine Ayari

Yassine Ayari, an outspoken parliamentarian and whistle-blower who exposed several corruption cases in Tunisia, has multiple prosecutions against him following his statements criticizing the government. He has just served a 2-months sentence by a military court for a 2018-Facebook post criticizing the army.

News: Slimane Bouhafs

Slimane Bouhafs (@BouhafsSlimane), an Algerian activist with refugee status from the UN refugee agency (UNHCR) in Tunisia, has been abducted, enforced disappeared and forced to return to Algeria.

The tragic truth about domestic violence

Tunisian women continue to experience high levels of violence. According to a survey from the Ministry of Women, at least 47 percent of women experienced domestic violence in their lifetime.

Stories from the Truth and Dignity Commission

Tunisia Newsroom




February 26, 2019 • Report

Human rights in the Middle East and North Africa: A review of 2018

The international community’s chilling complacency towards wide-scale human rights violations in the Middle East and North Africa (MENA) has emboldened governments to commit appalling violations during 2018 by giving them …

October 24, 2018 • Report

Tunisia: Arbitrary and abusive travel restrictions breach human rights

Travel restrictions introduced by the Tunisian authorities in the name of security are being imposed in an often arbitrary, sweeping and discriminatory manner flouting basic human rights, said Amnesty International …

February 18, 2016 • Report

Amnesty International State of the World 2015-2016

International protection of human rights is in danger of unravelling as short-term national self-interest and draconian security crackdowns have led to a wholesale assault on basic freedoms and rights, warned Amnesty International as it launched its annual assessment of human rights around the world. “Your rights are in jeopardy: they are being treated with utter contempt by many governments around the world,” said Salil Shetty, Secretary General of Amnesty International.

February 25, 2015 • Report

State of the World 2014/2015

This has been a devastating year for those seeking to stand up for human rights and for those caught up in the suffering of war zones. Governments pay lip service to the importance of protecting civilians. And yet the world's politicians have miserably failed to protect those in greatest need. Amnesty International believes that this can and must finally change.

October 23, 2013 • Report

Tunisia: When Bones Speak the Struggle to Bring Faysal Baraket’s Torturers to Justice

On a grey, rainy 1 March 2013 in the small town of Manzil Bouzalfa in Nabeul governorate, the exhumation of Faysal Baraket, a young man who had been tortured to death in custody over two decades earlier, took place. For his family, it was a moment of deep sadness and distress but it was also a moment of hope in their long struggle for truth and justice. As the skeleton, wrapped in black plastic sheeting and a white shroud, was brought to the surface, relatives and friends were overcome with emotion. The death under torture of Faysal Baraket had become emblematic of the brutal treatment meted out to political detainees in Tunisia under the rule of President Zine al Abidine Ben Ali, and of the authorities’ persistent denial that torture had become a method to run the country, and refusal to hold torturers to account for their crimes, even in the face of irrefutable evidence of torture.

May 29, 2013 • Report

Annual Report: Tunisia 2013

Republic of Tunisia Head of state Moncef Marzouki Head of government Hamadi Jebali The authorities restricted freedom of expression and prosecuted several people using repressive laws enacted under the previous …

October 22, 2012 • Report

One Step Forward, Two Steps Back? One Year Since Tunisia’s Landmark Elections

At a crossroads, Tunisia must now firmly choose the path of human rights.

September 26, 2011 • Report

Time for Tunisian political parties to deliver reform

Tunisians are still waiting for politicians to deliver on the fundamental change they have been promised, Amnesty International said today. A month ahead of Tunisia’s historic first elections since the …

September 19, 2011 • Report

Libya: Totally inadequate response by EU states to refugees stuck in limbo

In the wake of the conflict in Libya, thousands of refugees who were in the country at the time have been forced to flee again. Now, they have nowhere to go. The international community holds the solution: some states can offer to resettle them elsewhere. Yet so far, European countries have done little to help. Amnesty International supports UNHCR's Global Resettlement Solidarity Initiative for Libya and is calling on EU member states, to share responsibility for resettling refugees stranded in Egypt and Tunisia.

July 13, 2011 • Report

Annual Report: Tunisia 2011

Head of state: Zine El ‘Abidine Ben ‘Ali Head of government: Mohamed Ghannouchi Death penalty: abolitionist in practice Population: 10.4 million Life expectancy: 74.3 years Under-5 mortality (m/f): 24/21 per …