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Ed Webb

Tunisia: Parliament Shouldn't Undercut Transitional Justice | Human Rights Watch - 0 views

  • “Tunisian authorities have already hampered the work of the Truth and Dignity Commission by refusing to fully cooperate with it and by adopting a controversial law on administrative reconciliation,” said Amna Guellali, Tunisia director at Human Rights Watch. “By voting ‘no’ to extending the commission’s work, parliament would be voting ‘yes’ for impunity.”
  • known by its French initials IVD
  • It said an extension was necessary in light of the numerous hurdles it had encountered, including the government’s lack of cooperation, and difficulties in accessing government archives and military court case files.
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  • mandated to investigate all human rights violations from 1955, shortly before Tunisia’s independence from France, to 2013
  • 62,000 complaints
  • a dozen more hearings covering various human rights violations during the presidencies of Habib Bourguiba from 1956 to 1987 and Ben Ali, from 1987 to 2011, such as torture, abuses against union rights, sexual violence against women imprisoned for political reasons, and violations of economic rights
  • transferring cases of egregious human rights violations to specialized courts, which the transitional justice law and subsequent implementing legislation established but which have not begun hearing cases
  • Tunisian authorities have not investigated or held anyone accountable for the vast majority of torture cases, including notorious cases resulting in death in custody
  • parliament’s approval, on September 13, 2017, of a law on “reconciliation in the administrative field,” which offers blanket impunity for civil servants implicated in corruption and embezzlement who did not benefit personally
Ed Webb

Tunisia's Authoritarians Learn to Love Liberalism - Foreign Policy - 0 views

  • Despite Tunisia’s history of worker militancy under the more than 70-year-old Tunisian General Labor Union, Interior Ministry laws from prerevolution Tunisia read that police and other internal security services—which fall under the authority of the Interior Ministry—are not allowed to form professional unions, nor to strike. So as the post-Ben Ali era witnessed a blossoming of civil society, the creation of countless nongovernmental organizations, and the spread of public debate, internal security employees took advantage of the newfound opening to create unions
  • Yassine Ayari, a rebellious Tunisian MP, is one of the country’s youngest, at 37. He’s also the only MP to have called for the dissolution of a security union. In a clamorous cafe in the basement of Tunisia’s parliament, he said that at several critical junctures since the revolution, the unions have intervened to protect those in the security apparatuses caught up in cases of torture or murder—citing the unions’ 2011 besieging of a military court that was trying officers accused of killing protesters, their call for members not to attend hearings by Tunisia’s Truth and Dignity Commission, and their storming of a courthouse to stop a trial and release five colleagues accused of torture
  • Many Tunisians, from ordinary citizens to politicians to human rights workers, say that the security unions often protect the interests of the security state embodied in the Interior Ministry and protect their members from accountability for past and ongoing abuses, including murder. The portrait that emerges is of a security sector that has managed to precisely use Tunisia’s newfound liberal freedoms to entrench its own authoritarian power—to turn the power of the Tunisian revolution against itself.
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  • the unions’ most dangerous intervention has been their advocacy for the “Prosecution of Abuses Against the Armed Forces” draft law. In 2015, after the passage of a counterterrorism law, police unions began pushing for the Ministry of the Interior-drafted bill, which would, according to an Amnesty International report, “authorize security forces to use lethal force to protect property even when it is not strictly necessary to protect life, contrary to international standards.” It would also outlaw the “denigration” of the security forces and criminalize the unauthorized publication of “national security” information—a vague law posing an obvious threat to journalists.
  • “The regimes [prior to and after the revolution] used us. They want to put all the blame for abuses on us,” he said. “Before, it was oppression. Anyone of us could be fired for any reason. The station chief could say, ‘Hand me your badge and pistol and get out.’ So we demanded union rights, and we demanded that our colleagues who’d been dismissed for technical reasons—of course not those who stole or kidnapped—are brought back.”
  • When police units have been accused of torture, they have responded with vicious defensiveness
  • the police unions aren’t just hostile to individuals claiming police abuse. They also oppose post-revolutionary institutions aimed at reckoning with the past and achieving a semblance of accountability. Hammami said, “Police unions have also been very hostile to the IVD (the French acronym used for Tunisia’s Truth and Dignity Commission, charged with carrying out investigations of almost 60 years of abuses, whose mandate ended in December of last year). The IVD summons officers that might be involved in cases they’re investigating. [The unions] have encouraged their members not to cooperate. They issue statements publicly on Facebook. They put out the message to their members that they don’t have to cooperate with the IVD. Sometimes it’s even more aggressive, saying, ‘Don’t go.’”
  • Truth and Dignity Commission President Sihem Bensedrine said that she believes the security unions are one of the parties most responsible for the undermining of transitional justice in Tunisia. “One of the strongest anti-justice groups are the police unions,” she said. “We have in our final report published their communiqués where they call for police not to testify before the IVD, and where they say they will not assure the security of the courts judging the police officers.”
  • the old regime elements in government need the security forces if they want to maintain power and return Tunisia to the way it was before the revolution. “The old powers want to come back,” she said. “They’re trying to use the police unions to do this. They’re organizing themselves to repress our free voices and protect themselves from accountability,”
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