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Letter of Appeal from the AAAS Committee on Scientific Freedom and Responsibility
9 January 2001
His Excellency Zine El Abidine Ben Ali
President of Tunisia
Présidence de la République
Palais de Carthage
Carthage, 2016
Tunisia
Dear Mr. President
The American Association for the Advancement of Science (AAAS) is the largest organization of natural and social scientists in the United States, and the world's largest federation of scientific organizations, with 145,000 individual members and 300 affiliated groups. Our AAAS Committee on Scientific Freedom and Responsibility was formed in 1976 to protect the human rights of scientists and to deal with issues relating to scientific freedom worldwide.
On behalf of the Committee, I am writing to express our grave concern about the sentencing of Dr. Moncef Marzouki. It is our understanding that on 30 December 2000, a Tunisian criminal court sentenced Dr. Marzouki to twelve months in jail, 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."
The Committee has been informed that Dr. Marzouki has chosen not to seek an appeal. It is his contention that the judicial process is being used to suppress his legitimate activities as a human rights defender in Tunisia.
The Committee fears that Dr. Marzouki was convicted solely for his involvement with the human rights organization CNLT, and for expressing ideas that were critical of Tunisia's human rights practices. If this is the case, then Dr. Marzouki is being punished for peacefully exercising his right to freedom of expression. We respectfully 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.
We respectfully request that all charges against Dr. Moncef Marzouki be immediately and unconditionally dropped. Furthermore, the Committee requests that Dr. Marzouki's passport be returned to him and that he be allowed to travel freely in and out of Tunisia.
The following documents protect the right to freedom of expression:
Universal Declaration of Human Rights: (adopted without opposition by the United Nations General Assembly on 10 December 1948)
· Article 19: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."
International Covenant on Civil and Political Rights: (Tunisia ratified the treaty on 30 April 1968.)
· Article 19: "1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice."
International Covenant on Economic, Social and Cultural Rights: (Tunisia ratified the treaty on 30 April 1968.)
· 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:
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms adopted by the General Assembly of the United Nations (Passed by consensus by the UN General Assembly on 9 December 1998)
· 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]."
We admire Dr. Marzouki's personal courage in making the decision to not file an appeal on charges that should never have been brought against him. The Committee trusts that the continued safety of Dr. Moncef Marzouki will be assured and that he will not be placed in prison. We will continue to monitor this case.
Sincerely,
Irving Lerch
Chair
AAAS Committee on Scientific Freedom and Responsibility
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