Counter-terrorism law to protect from torture and ill-treatment

Tunis, 30 May 2013

Today, theOMCT called for any new counter-terrorism law and policy to effectively preventtorture, cruel and inhuman or degrading treatment.

‘The debate on a new counter-terrorism law inTunisia provides the opportunity to mark a clear departure from the past, to complywith human rights and provide effective safeguards against torture and otherforms of ill-treatment’, said Gerald Staberock, OMCT Secretary General,addressing a consultation hosted by the Tunisian Minister for Human Rights andTransitional Justice. Access to a lawyerfrom the moment of arrest (garde à vue) and judicial oversight over detentionare but two of the fundamental safeguards to prevent abuse. ‘The adoption of a national preventive mechanism (NPM) on torture presentlyunder consideration would be another important step securing unhindered accessto any place of detention, including national security detention’, statedGerald Staberock.

The OMCTrecalled the legacy of the 2003 counter-terrorism law, which resulted in systematicand widespread torture, enforced disappearances and other serious human rightsviolations. The OMCT reiterated some lessons learnt from global counter-terrorism:to clearly separate law enforcement and intelligence powers, to proceed withsecurity sector reform and to ensure full legal and democratic accountabilityof any element of the security infrastructure.

‘Acts of terrorism attack the very values thathuman rights law seeks to protect. Threats of terrorist acts need to be takenseriously. One of the best protection measures against such threats is theprotection and empowerment of actors striving for an open and tolerant democraticsociety,’ he noted.

Any newcounter-terrorism law needs to clearly prescribe criminal offences (which the2003 law failed to do) and treat them within the ordinary criminal justicesystem. From OMCT’s global experience,it is vital to align law enforcement with the rule of law to enableinvestigations into complex criminality. Equally critical is reinforcing theindependence of the judiciary, which would enable the justice system to addressacts of terrorism in the future with full respect for the right to a fair trial.

The OMCT welcomesthe commitment articulated by the Ministry of Human Rights and TransitionalJustice to address terrorist acts with full respect for human rights and for theabsolute prohibition of torture, cruel and inhuman or degrading treatment. TheOMCT considers of great importance the continuous engagement of civil societyin the elaboration of a new counter-terrorism law.

For further information, please contact us at +216 71 322 561 (Tunis) or+41 22 809 4923 (Geneva).