AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

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FACTS OF THE CASE:

On 30 December 2000, a Tunis criminal court sentenced Dr. Moncef Marzouki to twelve months in jail. Dr. Marzouki was condemned to eight months for maintaining an outlawed organization, the National Council on Liberties (Conseil national pour les libertés en Tunisie, CNLT) and four months for "spreading false information."

Dr. Marzouki remains at liberty pending an appeal of the sentence. Dr. Marzouki announced today that he would not seek an appeal. In a written statement, Dr. Marzouki declared:

The political process in Tunisia, since independence, has had only one outcome: condemnation. In a dictatorship, the executive branch only allows the judicial function to clothe with a veil of legality, political repression or vengeance. That is why, after considerable reflection, I have decided not to appeal the judgment of December 30. It is high time to state clearly the two fundamental problems causing the dysfunction of our judicial system: its manipulation by the executive power and the collusion of some judges who are willing to be simply the instruments of this power.

Tunisian authorities charged Dr. Marzouki after he circulated a private paper that was critical of Tunisia's human rights practices during a regional meeting of human rights defenders in Morocco last October. Tunisia's human rights defenders often face similar charges of "defaming the public order" or "spreading false information intended to disturb the public order" when they openly criticize the government.

Dr. Marzouki, one of Tunisia's leading human rights defenders, has been the subject of numerous AAASHRAN alerts since 1994, when the Science and Human Rights Program first took up his case.

At the trial, Dr. Marzouki stated, "The authorities deem as political crimes my activities, which aim to defend the rights and the dignity of the Tunisian people ? I will pursue my activities until the end of my life." The judge cut him off for repeating earlier comments to the court. When the judge would not let Dr. Marzouki continue to talk, Dr. Marzouki's defense lawyers walked out of the courtroom in protest. One of the more than 40 lawyers who defended Dr. Marzouki, Bachir Assid, addressed the court and stated, "We withdrew from the case because the court does not respect the rights of our defendant to speak his mind."

Several international human right organizations observed the trial. One of these observers, Amnesty International, declared the trial "unfair." Amnesty International has also declared that if Dr. Marzouki is imprisoned, he will be considered a prisoner of conscience.

(Sources of information for this case include: Human Rights Watch, Amnesty International, Campaign for Human Rights in Tunisia, and the National Council for Civil Liberties, Tunisia)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 19(1): Everyone shall have the right to hold opinions without interference.

International Covenant on Economic, Social and Cultural Rights

• Article 12: (1): The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. (2): The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.
• Article 6: The State Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

The Human Rights Defenders Declaration

• Article 11: Everyone has the right, individually and in association with others, to the lawful exercise of his or her occupation or profession.
• Article 12(2): The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the [Universal Declaration of Human Rights].

RECOMMENDED ACTION:

Please send telegrams, faxes, airmail letters or emails:

• Urge the government of Tunisia to drop all charges against Dr. Moncef Marzouki as he has been tried and sentenced solely for the peaceful exercise of his right to freedom of expression;
• Affirm the right of Dr. Moncef Marzouki and other Tunisians to hold and express opinions about the government, which are rights protected by international treaties to which Tunisia is a State Party and affirmed by international human rights norms;
• Express continued concern for the safety and well being of Dr. Moncef Marzouki.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

His Excellency Zine El Abidine Ben Ali
President of Tunisia
Présidence de la République
Palais de Carthage
Carthage, 2016
Tunisia


The Honorable Abdallah Kallel
Ministre de l'Interieur
Ministere de l'Interieur
Avenue Habib Bourguiba
Tunis, 1001
Tunisia
Fax: 011 216 1 340 888


The Honorable Bechir Takkari
Ministre de la Justice
Ministere de la Justice
31 Boulevard Bab Benat
1006 Tunis
Tunisia
Fax: 011 216 1 568 106


The Honorable Dali Jazi
Conseiller Special aupres du President de la Republique, charge des droits de l'homme
Palais Presidentiel
Tunis
Tunisia
Fax: 011 216 1 571314

COPIES SENT TO:

His Excellency Ismail Khelil
Ambassador of Tunisia
Embassy of Tunisia
1515 Massachusetts Avenue, NW
Washington, DC 20005
Fax: (202) 862 1858


The Honorable Afif Hindaoui
Minister Delegate to the Prime Minister in charge of
Human Rights, Communication and
Relations with the Chamber of Deputies
Place du Gouvernement
La Kasbah
1006 Tunis
Tunisia
Fax: 011 216 1 570 842

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6796; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals re to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

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