OMCT High Level Mission to Tunisia: Eradicating torture is a benchmark for the success of the transition

Eradicating torture is abenchmark for the success of the transition

Tunis, 23 May 2011

At theconclusion of a seven day visit to Tunisia by a delegation of anti-tortureexperts, the World Organisation Against Torture (OMCT) calls on thetransitional authorities and all actors in the transition process to make theeradication of torture a priority objective. Overcoming the legacy of a policyof widespread and systematic torture in Tunisia will be a key to the success ofthe transition process. It requires a firm plan of action and a policy of zerotolerance to any incident of torture, or cruel, inhuman or degrading treatment.

The OMCT delegation wishes to express itsappreciation for the openness of the discussions with the transitionalauthorities on the reforms required to end any practices of torture and tohonour the right of victims of torture to reparation. The delegation met withthe Prime Minister of Tunisia, the Minister of Justice, the Minister of InternalAffairs, the Minister for Social Affairs, the State Secretary of the Ministryof Foreign Affairs. The mission also met the President of the High Commissionfor Political Reform and the Commission investigating the abuses and violationsduring the revolution. The OMCT is grateful for the opportunity to access anumber of detention facilities in the course of its visit. It expresses itshope that this will be the beginning of transparency of the penitentiary systemin a democratic Tunisia.

In this regard, the OMCT warmly welcomesassurances received during its meeting with the Prime Minister that thetransitional government will deposit this week the ratification documents forthe Optional Protocol to the UN Convention Against Torture (OPCAT) at the UnitedNations in New York. The delegation is also encouraged by engagements expressedby the authorities to consider the implementation of a series of individualdecisions by the UN Committee Against Torture which the previous regime refusedand which held that Tunisia violated the absolute prohibition of torture.

Recognizing the significance of the changesundertaken, the delegation learnt with grave concern of serious allegationsthat practices of torture and ill-treatment by the police and other lawenforcement bodies continue and that impunity for such violations so farremains the rule.

It is thus vital to accelerate the reformprocess and to make the fight against impunity a priority. The transitionalnature of the government - despite its inherent limitations - should not be thereason for delaying needed reforms to protect from torture. To the contrary,such delay may put the enthusiasm for the project that started on January 14thin jeopardy.

Ending impunity

Some victims have already submitted complaintsand there is today a compelling body of documentation on torture, including byOMCT’s member organisations (Council for National Liberties in Tunisia,Tunisian Organisation Against Torture, Tunisian League for Human Rights). Thejustice system has to start assuming its legal and professional responsibilityto investigate allegations of torture expediently in order to bring thoseresponsible to justice.

As expressed by the UN Special Rapporteur onTorture, investigating allegations of torture is a normal state function notdependent on the election of a Constituent Assembly. In this regard, thedelegation was regularly referred to the possibility for victims to lodgecomplaints – a possibility that had proven illusionary in the past. Itemphasizes that it is a positive obligation of the State to investigate anycase of torture ex officio even without any formal complaint. Endingcomplacency towards torture requires that any state authority, including prisonor police officials, prosecutors or judges, who become aware of torture orill-treatment need to bring this information to the attention of theprosecuting authorities.

The Commission set-up to investigate abuses andviolations during the revolution provides another opportunity to break with theconcept of impunity, ultimately by submitting cases to the justice system forprosecution. In this context, it encourages all actors in the transitionprocess to consider a comprehensive process of truth and justice to address thelegacy of torture in Tunisia beyond the limits of the present commission, andto make the voices of the victims heard as soon as possible.

Legal reforms

Moreover, the OMCT encourages the transitionalauthorities to move swiftly on legal reforms in Tunisia to prevent torture andto enable the justice system to protect human rights. This includes reformsstrengthening the independence of the judiciary and limiting the jurisdictionof military courts as required by international standards.

The visit of the delegation of places of detentionand information received from victims confirms a real urgency to providesafeguards against torture at the moment of arrest in police detention.Priority should thus be given to provide access to lawyers from the moment ofarrest and the strengthening of judicial control and oversight over arrest anddetention. The delegation also encourages the authorities to work in closecooperation with civil society for developing a robust independent mechanism asrequired within one year after the ratification of the Optional Protocol to theUN Convention Against Torture.

The OMCT delegation also discussed the centralchallenge to reform the security apparatus. It shares the view of the UNSpecial Rapporteur on Torture that those who are implicated in the policy oftorture, including those who authorized, planned, participated or failed toprevent torture, can in no case continue to serve within the services. The OMCTalso considers that a clear separation between intelligence and the judicialpolice should be maintained and consideration be given to establish effectivedemocratic oversight over any security services.

Penitentiary reform

The OMCT greatly appreciates the opportunity tovisit a number of detention facilities. On the basis of this information receivedit recommends an independent review of the penitentiary system to assessreforms to ensure compliance with international human rights standards. Thevisits have underlined also a need to investigate allegations of ill-treatmentwithin the prison system and to provide effective complaint mechanisms, butalso to allow for a review of convictions based on torture confessions as suchcases are not covered by the amnesty decree.

Final remarks

Finally, the OMCT considers that transitionprocesses regularly benefit from making universal human rights standards anintegral part of the legal system and of any reform process underconsideration.

It also encourages the legal community to useinternational human rights standards, for example in relation to challengingthe lawfulness of detention. International human rights standards, such asthose contained in the UN Convention Against Torture, are not foreign butTunisian standards.

The delegation is confident in light of itsmeetings of the resolve of Tunisian society to overcome the legacy of tortureand impunity. It also expresses its expectation that Tunisia will equallybecome a vocal actor on the international level re-enforcing internationalhuman rights law and mechanism.

Background of the OMCT mission:

The delegation was composed of Mr. YvesBerthelot, President of the OMCT, Mr. Eric Sottas, Secretary General of theOMCT, Mr. Gerald Staberock, Deputy Secretary General of the OMCT, as well asMr. Roberto Garreton, member of the national human rights institute of Chileand member of the UN Working Group on Arbitrary Detention, and Mr. EmilioGinés, Vice-President of the Federation of Spanish human rights associations,and a member of the UN Sub-Committee on the Prevention of Torture (both joiningthis mission as OMCT expert and not in official UN function).

For further information please contactGerald Staberock, Deputy Secretary General, OMCT, + 41 22 809 49 39, + 41 (0)79377 5446