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Human Rights Situation Deteriorates in Tunisia

The parody of a trial that Haroun M'Barek was subjected to last week in Tunisia highlights the serious erosion of human rights in that country.

Montreal, March 01, 2001 ? The parody of a trial that Haroun M'Barek was subjected to last week in Tunisia highlights the serious erosion of human rights in that country. It is a situation that should motivate Canada to re-examine its process of analyzing the risks of return for all Tunisian nationals.

Nathalie Blais, a lawyer mandated by several human rights groups, recently returned from an observation mission of the trial of Mr. M'Barek before the Assize Court in Tunis last week. In her opinion, a just and equitable trial is impossible in Tunisia if it is a trial of a political nature.

Justice does not exist for political opponents. It serves the political power and defence lawyers have no other choice than to put the judicial system on trial instead of concentrating on the defence of their clients, she stated at a news conference in Montr?al today. The observation mission was sponsored by Rights & Democracy, the Civil Liberties Union, Alternatives and the Association pour les droits de la personne au Maghreb.

Mr. M'Barek could receive 12 years imprisonment after being found guilty in absentia over four years ago, accused of having belonged to a gang of malfeasants and participating in a collective project to attack people and property.

The trial, which lasted 15 minutes at the most, took place in an atmosphere of total confusion, remarked Me Blais. Mr. M'Barek, who was tortured by Tunisian security forces following his arrest soon after his arrival in Tunisia, is experiencing difficulties in concentration and has not received the care necessary to treat his depression, according to his lawyer in Tunis.

Me Blais said that she doubted that Mr. M'Barek would be freed, since the judge did not take into account the arguments of his lawyers to the effect that the man who denounced him has since withdrawn his allegations and there is no other evidence against him.

Under the circumstances, human rights groups believe that Canada must take energetic measures to correct a situation that allowed the tragic deportation of Mr. M'Barek and it should immediately take steps to assist him and his family.

Often, members of the family of an accused person are harassed, intimidated and impeded from earning their living, noted Michel Frenette, executive director of Amnesty International (French section).

While continuing their efforts to obtain the liberation of Mr. M'Barek, the embassy representatives must attend all his court appearances. They must visit him in prison regularly, ensure that he receives the medical care he needs and insist on acceptable conditions of confinement, asserted Warren Allmand, President of Rights & Democracy.

According to Mr. Frenette, it is inconceivable that Canadian authorities were unaware of the risks of returning Mr. M'Barek. Numerous reports from Amnesty International and other human rights groups have amply documented the repression that has affected those who, like Mr. M'Barek, sympathize with the outlawed Islamic movement, Ennadha, or who have been members of the general federation of students in Tunisia.

Given that External Affairs in France has publicly voiced concern about the human rights situation in Tunisia and the European Parliament has already voted in favour of resolutions condemning the serious erosion that we are now witnessing, Canadas silence increasingly appears intolerable, noted Jamel Jani of the Association pour les droits de la personne au Maghreb.

Alternatives, Amnesty International, ATTAC Qu?bec, Rights & Democracy, the Association pour les droits de la personne au Maghreb, and the Civil Liberties Union call on Canada to adopt a firm position with respect to Tunisia at the next session of the UN Commission on Human Rights, which begins on March 19. The situation is so serious that it completely justifies the appointment of a Special Rapporteur on Tunisia.