Open letter to Tunisians: No to Terrorism, yes to human rights

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Letter to Tunisians: No to Terrorism, Yes to Human Rights

Tunisians,in shock and horror over the recent terrorist attacks, have demanded strong anddetermined measures to eliminate terrorism. They understandably identifyterrorism as a threat to both the Tunisian people and the nation.

However,some provisions of the newly-adopted counterterrorism law raise the risk ofserious human rights violations. Human Rights defenders have raised the alarmthat the Tunisian authorities are treading a dangerous path in the name ofstriking back against terrorists.

Thosewarnings have led to accusations that those who advocate human rights are “softon” terrorists. Amid the rhetoric that has pervaded Tunisian public discourselately, a core message has emerged: Human rights cannot be allowed to hindernecessary counterterrorism efforts.

We, the undersignedTunisian and international human rights groups, acknowledge the importance ofthis debate and address this letter to you, people of Tunisia, to address yourlegitimate concerns and clarify any misunderstandings.

First, westrongly affirm that terrorism is an awful crime that can never be excused orjustified. It poses a major threat to human rights, beginning with the mostfundamental of rights, the right to life. Combating terrorism is a crucialgovernment responsibility. The government needs to take all possible steps toensure that those responsible for terrorism are identified and promptly broughtto justice, and, if fairly convicted, face appropriately serious punishment.

However,the government also has a duty to respect human rights. These obligations areNOT mutually exclusive. Nor should one be met at the expense of the other. Thisis why:

1. Terrorists aim to destroy social peace;governments should not facilitate that for them.

Terroristattacks are intended to make people live in a constant and corrosive state offearful unpredictability. Yet, similar conditions are created when agovernment’s police and security forces, protected by unjust laws, can abuseanyone with impunity. A government should not trample on people’s rights in itseffort to fight terrorism. Such an approach effectively hands victory to theterrorists.

2. Sacrificing human rights does not defeatterrorism; it nurtures it.

Socialinequality and the absence of adequate political representation and economicopportunities for youth are among the root causes of terrorism. But anotherroot cause is the denial of justice and accountability, which sometimes candrive people to take desperate measures, even to commit or justify acts ofterrorism. Curtailing rights to counter terrorism, therefore, is not justlegally and morally wrong; it is also strategically unwise andcounterproductive. Widening injustice creates a breeding ground for terrorism.A state system that allows abuses to go unpunished only offers more excuses todisenfranchised youths to resort to violence. This tragic spiral of frustrationand resentment should be broken, not nurtured.

3. Abusive laws aimed against terroristsactually threaten everybody.

Manypeople suppose that unjust counterterrorism laws are the price to pay toprotect national security and ensure public safety. But that is a slipperyslope. States that are unbound by laws consistent with human rights will alwaysbe tempted to use their powers arbitrarily. Unchecked counterterrorism effortsalmost certainly results in dreadful abuse of honest, innocent citizens—eitherby mistake or intentionally, perhaps for political reasons. Capable, effectivesecurity forces are necessary to maintain stability and civil peace. But theyshould never be given a blank check. This is how police states are born, andTunisians just got rid of one that lasted 23 years. Unjust laws lead inexorablyto unjust regimes. Tunisia should beware falling into that pit again.

4. Upholding human rights is not being“soft” on terrorism.

RespectingHuman Rights does not mean being weak, or lenient toward terrorism suspects. Itjust means granting them the same fair trial conditions, including the presumptionof innocence, to which we are all entitled. Guaranteeing fairness anddelivering true justice is by no means a sign of state weakness —on thecontrary. More important, judicial fairness doesn’t impede strong lawenforcement against those who threaten lives and security. Protectingeveryone’s rights means providing justice to everyone. This means guaranteeingthe safety of the innocent, as much as punishing the guilty.

5. Torturing terrorism suspects does not helpcounterterrorism efforts.

Tortureis one practice that all states have agreed to ban absolutely, on the basisthat it is never right, whatever its context or purposes. Nevertheless, somecondone it, assuming that brutalizing suspects yields information that isuseful to counterterrorism. Yet a wealth of evidence from around the world – fromboth people who were tortured and from those who tortured people – shows thatbrutalizing suspects rarely yields truthful and reliable information or aidscounterterrorism efforts.

Abusedprisoners are most likely to tell their captors whatever they want to hear tomake the torture stop. Such forced confessions result in false leads. Even ifscattered with pieces of truthful information, the false information leads tomore abusive, unwarranted arrests and interrogations, in an endless spiral ofinjustice and inefficiency. Ultimately, security services end up wastingprecious time and resources that would be far better utilized conducting lawfuland productive counterterrorism efforts.

6.Abuse discourages informants and feeds terrorist propaganda.

Torturehas another devastating side effect. It alienatesthe very people most likely to possess information that could prevent terroristacts: relatives, neighbors, acquaintances of those engaged in terrorism. Aneffective counterterrorism effort is one that gives people confidence to informthe authorities about suspicious activity. But if people fear thatreporting their suspicions could lead to individuals being tortured, includingperhaps themselves as possible accomplices, they will keep quiet. Arights-respecting approach is the best way to encourage informants with usefulinformation to come forward.

Furthermore, when a state sanctionstorture and other serious abuse, it reinforces the terrorists’ victimhood, adsalso the sense that they are only striking back at an irredeemably unjustsystem. It is more likely to feed the terrorists’ sense of purpose, assisttheir propaganda, and boost their recruitment.

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Violatingrights to prevent further rights violations is neither a wise nor an efficientapproach. Nor does it lead to any form of perennial stability. The best andmost effective antidote to terrorism is democratic institutions and adherenceto the rule of law. And this should of course be accompanied by measures thataddress economic and social problems and give the population – particularlyyouth – a sense of engagement and of hope for the future.

“Work, liberty,national dignity” – these were your demands, Tunisian people, when you valiantlytook to the streets five years ago to bring down decades of dictatorship,corruption and injustice. Today, terrorism truly menaces your young democracy.It is imperative to confront, combat, and overcome terrorism. But how the fightis conducted does matter. The means do not justify the ends. On thecontrary, bad means ultimately taint even the most legitimate of ends. No one should allow human rights abuses to spoilthe ideals of the Tunisian revolution.

List of signatory organizations

Tunisian groups

1. Union Générale Tunisienne duTravail (Tunisian General Labour Union)

2. Ligue Tunisienne des Droits de l’Homme (Tunisian HumanRights League)

3. Ordre National des Avocats de Tunisie (National BarAssociation)

4. Forum Tunisien pour les Droits Economiques etSociaux (Tunisian Forum for Economic and Social Rights)

5. Syndicat National des Journalistes Tunisiens (Union ofTunisian Journalists)

6. Association des Magistrats Tunisiens (Association ofTunisian Judges)

7. Organisation Contre la Torture en Tunisie (TunisianOrganization Against Torture)

8. Association Tunisienne des FemmesDémocrates (Tunisian Association of Democratic Women)

9. Al Bawsala

10. Associationcitoyenneté et Libertés (Association Citizenship and Freedoms)

11. AssociationHorizons El Kef Pour Le Développement Intégral

12. Association Nawaat

13. Association Scientifique pour les Études sur laPopulation, la Migration et la Santé (ASPOMIS)

14. Association Tunisienne de Défense des LibertésIndividuelles

15. Fondation Belaid Contre la Violence (Belaid’s FoundationAgainst Violence)

16. Fondation Mohamed Brahmi

17. Fondation Mohamed Belmufti pour la justice et leslibertés

18. CeTuMA (Centre de Tunis pour la Migration et l'Asile)

19. Coalition pour les Femmes de Tunisie

20. Comité pour leRespect des Libertés et des Droits de l’Homme en Tunisie (Committee for respectof Freedoms and Human Rights in Tunisia)

21. Coordination Nationale Indépendante pour la JusticeTransitionnelle

22. FédérationTunisienne pour une Citoyenneté des deux Rives

23. Free SightAssociation

24. GroupeTawhida Ben Cheikh

25. Irtikaa

26. L’OrganisationTunisienne de la Justice Sociale et de la Solidarité

27. Labo Démocratique (Democratic Labo)

28. L'association Amalpour l'environnement Metlaoui Bassin Minier (Amal Association for theEnvironment in the Mining Basin)

29. L'Association desFemmes Tunisiennes pour la Recherche sur le Développement (Association ofTunisian Women for research on development)

30. L'AssociationFemme et Citoyenneté (Association Women and Citizenship)

31. L'AssociationTunisienne de Défense du Droit à la Santé (Tunisian Association for the Defenseof the Right to Health)

32. Ligue desElectrices Tunisiennes

33. Mourakiboun(Observers)

34. Observatoire National sur l’Indépendance de lamagistrature (National Observatory on Independence of Justice)

35. Réseau Doustourna

36. Thala Solidaire

37. UTOPIA Tunisie

38. Zanoobya

Internationalgroups

39. Réseau Euro-Méditerranéen des Droits humains (Euro-Mediterranean HumanRights Network)

40. Organisation Mondiale Contre laTorture (International Organisation Against torture)

41. Fédération Internationale des Droits del’Homme (International Human Rights Federation)

42. Human Rights Watch

43. Oxfam

44. Article 19

45. International Alert

46. The Carter Center