Case TUN 060303 / TUN 060303.CC
Torture / Child concern

The International Secretariat of OMCT requests your URGENT
intervention in the following situation in Tunisia

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable
Tunisian source of acts of torture committed against seven internet
activists.

According to the information received, the following 7 out of 20
young Internet users, who had been arrested in Zarzis on February 8th
2003, appeared before the investigating judge of the 11th office of
the Court of First Instance in Tunis on March 3rd and 5th:

· Abderrazek Bourguiba (17 years old student)
· Abdelghaffar Ben Guiza (20 years old)
· Amor Rached (student)
· Ridha Hadj Brahim (teacher)
· Amor Chalendi (student)
· Hamza Mahroug
· Ayoub Sfaxi (currently in hiding)

These persons are accused of "criminal organisation, partaking in
unauthorised meetings and robbing and acquiring products for the
manufacturing of explosives ." under Articles 131, 132 and 133 of the
Criminal Code.

According to the information received, the defence lawyers were not
granted access to the details of the case. The items produced in
evidence are a CD-ROM and a tube of glue.

According to our sources, the accused declared that they had been
arrested on February 8th in Zarzis (around 500 km from the capital),
while the minutes of the initial hearing state that the arrest took
place on February 26th in Tunis. On February 19th, the lawyers for
the defence reportedly filed a complaint with the Public Prosecutor
concerning violations relating to the length of pre-trial detention
and the use of incommunicado detention.

Several other violations of the defendants' rights have been noted by
the lawyers, notably the lack of territorial jurisdiction of the
judge who is hearing the case, the falsification of dates and places
of the arrests as mentioned in the minutes, as well as the refusal to
keep 17-year old Abderrazak Bourguiba in a juvenile prison. However,
the judge has refused to include these observations as part of the
proceedings.

Furthermore, all of the Internet users declared before the judge that
they had been tortured in the premises of the State Security during
several days, until they agreed to sign minutes that they had not
been able to read. These documents were then used by the judge in
order to force them to give signed statements at the so-called April
9th Prison (prison du 9 avril) in Tunis.

OMCT is concerned about the considerable number of Internet users
that are currently being arrested in Tunisia, while the government,
which seems to show great interest in new information technologies,
is actively preparing the World Summit on the Information Society,
which is to be held in Tunis in 2005.

OMCT is very gravely concerned by the degradation of the situation of
human rights in Tunisia, particularly by the systematic use of
torture, for which this case is another example.

Action requested

Please write to the authorities in Tunisia urging them to:

i. guarantee the physical and psychological integrity of Abderrazek
Bourguiba, Abdelghaffar Ben Guiza, Amor Rached, Ridha Hadj Brahim,
Amor Chalendi, Hamza Mahroug, Ayoub Sfaxi;
ii. order their immediate release, notably in light of the many
procedural violations that have led to their continuing detention;
iii. immediately launch a prompt and impartial investigation into the
alleged acts of torture in order to identify those responsible, bring
them to trial, apply the penal, civil and/or administrative sanctions
as provided by law and guarantee that adequate reparation is provided
to the victims;
iv. guarantee the respect of human rights and the fundamental
freedoms throughout the country in accordance with national laws and
international human rights
standards, particularly the international Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, that
was ratified by Tunisia on
September 23rd 1988.

Addresses

Note: In case you encounter difficulties using the Tunisian e-mail
addresses and fax numbers mentioned hereafter, pleas also use the
address of the permanent Mission of
Tunisia in Geneva.

§ M. Zine el-Abidine Ben Ali, Président de la République, Palais de
Carthage, 2016 Carthage,
Fax: +216 71 744 721 ou +216 71 731 009
§ M. Mohamed Ghannouchi, Premier Ministère, Secrétariat Général du
Gouvernement, Rue de la Kasbah, 1008 Tunis, Fax: +216 71 562 378
§ M. Hédi M'henni, Ministère de l'Intérieur et du Développement
local, Avenue Habib Bourguiba, 1001 Tunis, Fax: +216 71 354 331 ; e-
mail :[email protected] [2]
§ M Dali Jazi, Ministère de la Défense Nationale, Avenue Bab Mnara,
La Kasbah, 1008 Tunis, Fax: +216 71 561 804
§ M. Bechir Tekkari, Ministère de la Justice et des Droits de
l'homme, 57, Boulevard Bab Benat, 1006 Tunis, Fax : +216 71 568 106 ;
e-mail : [email protected] [3]
§ S.E M. Habib Mansour, Mission permanente de la Tunisie, 58 Rue
Moillebeau, Case postale 272, 1211 Genève 19; Fax : +4122 734 06 63 ;
e-mail : [email protected] [4]

Please also write to the embassies of Tunisia in your respective
country.

Geneva, March 17th 2003

Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.
Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : [email protected] [5]
http://www.omct.org [6]