GE.17-01925 (E) 030317 060317
Human Rights Council
Working Group on the Universal Periodic Review Twenty-seventh session
1-12 May 2017
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21
Tunisia*
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the General Secretariat of the United Nations.
A General Assembly Distr.: General
20 February 2017 English
Original: Arabic
Contents
Paragraphs Page Introduction ... 1-2 3 The methodology used ... 3 3 I. The legal and institutional framework for the protection and promotion of human rights 4-28 3 A. The legal framework ... 4-13 3 B. The institutional framework for the protection and promotion of human rights 14-28 5 II. The promotion and protection of human rights on the ground ... 29-116 7 A. Measures to reform the judicial system ... 29-30 7 B. Development and building of capacities in the area of human rights ... 31-36 8 C. The process of transitional justice ... 37-39 9 D. Combating torture ... 40-60 9 E. The issue of abolition of the death penalty ... 61 13 F. The fight against human trafficking ... 62 13 G. The state of emergency ... 63 13 H. Respect for human rights while countering terrorism ... 64 14 I. Support for general rights and freedoms ... 65-67 14 J. Equality and non-discrimination ... 68-94 14 K. Promotion of economic, social and cultural rights... 95-110 18 III. Challenges and initiatives ... 111-118 22
Introduction
1. In line with the international obligations of Tunisia relating to the universal periodic review, and following the submission of its reports in 2008 and 2012 and its midterm progress report in 2014, the National Commission for the Coordination, Preparation and Submission of Reports and Follow-up to Recommendations on Human Rights prepared this report.
2. The report highlights the legal, institutional and practical initiatives undertaken by Tunisia with a view to promoting, protecting and implementing human rights from 2012 until the date of submission of this report, taking into account the recommendations and concluding observations of diverse United Nations human rights mechanisms.
The methodology used
3. In line with the guiding principles for the preparation of this report, the National Commission adopted a participatory approach and held consultations with representatives of civil society organizations, independent societies and other national bodies. For instance, it held a consultation meeting with representatives of an alliance of associations led by the Tunisian Association for Reproductive Health on 16 November 2016 (annex 1); a national consultation in Tunis on 1 December 2016, to which many associations and organizations were invited (annex 2); a regional consultation in the Governorate of Sidi Bouzid and neighbouring governorates on 2 December 2016 (annex 3); and a dialogue with the Higher Committee for Human Rights and Basic Freedoms on 6 January 2017. The Commission concluded the participatory process by organizing a national consultation in Tunis on 20 January 2017 on the first draft of the report. The adoption of this approach led to more intensive joint action and support for the principle of participatory democracy enshrined in the Constitution (annex 4).
I. The legal and institutional framework for the protection and promotion of human rights
A. The legal framework
1. The constitutional framework
4. The political and administrative system: In January 2014, the National Constituent Assembly adopted the Tunisian Constitution, which established a republican system of participatory democracy based on citizenship, the will of the people, the rule of law, and respect for human rights and freedoms, which the judiciary is mandated to protect from all violations. In addition, the Constitution regulates the legislative, executive, judicial and local authorities and specifies the nature of the relations among them.1
5. Constitutionalizing human rights and the regulations restricting them: The National Constituent Assembly included human rights and freedoms in the 2014 Constitution with a view to endowing them with constitutional status. The law merely specifies the applicable regulations, while complying with the detailed conditions laid down in the Constitution.
Thus, the Constitution stipulates that2 the State guarantees freedom of conscience and belief, and the free exercise of religious practices. Chapter Two enshrines civil, political, economic, social and cultural rights, the right to development and individual and collective freedoms. Citizens are recognized as having equal rights and duties without discrimination, and the Constitution guarantees the rights of women, children and persons with disabilities.
It states that the right to life is sacred and cannot be violated save in extreme cases specified by law. The State is required to protect human dignity and physical integrity, and to prohibit mental and physical torture. In addition, crimes of torture are not subject to a statute of limitations. The Constitution protects the right to privacy, the inviolability of the home, and the confidentiality of correspondence, communications and personal
information. All citizens are guaranteed the right to choose their place of residence and to move freely within the country as well as the right to leave the country. Citizens may not be deprived of their nationality, exiled, extradited or prevented from returning to their country.
The right to political asylum in accordance with the law is guaranteed and no one who has been granted asylum may be extradited. The Constitution also states that accused persons are presumed to be innocent until their guilt is proven in a fair trial that provides all guarantees required for their defence throughout the stages of investigation and trial.
Freedom of opinion, thought, expression, information and publication are guaranteed, and such freedoms are not subject to prior monitoring. The State is required to guarantee the right to information and the right of access to information.
6. The Constitution guarantees the right to vote, to elect and to stand for election, and women’s right to representation in elected bodies. It guarantees freedom to establish political parties, trade unions and associations, the right to strike, and freedom of association and peaceful assembly. The Constitution also guarantees the right to health and social welfare, the right to free public education and the right to work. It guarantees the right to intellectual property, the right to culture, freedom of creative expression and to protection of the cultural heritage, including for future generations, and it requires the State to promote sports. It protects the right to water and to a safe and balanced environment, and the right to participate in action to protect the climate.
7. No amendment may undermine the human rights and freedoms guaranteed in the Constitution. The restrictions that may be imposed on rights and freedoms guaranteed by the Constitution should be established by law and should not detract from their substance.
Such restrictions should be imposed solely with a view to meeting the needs of a civil and democratic State, or protecting the rights of others, public security, national defence, public health or public morals. Moreover, the restrictions should be proportionate to the objectives sought. The judicial authorities are required to ensure that rights and freedoms are protected from all violations, and to guarantee the administration of justice, the supremacy of the Constitution and the rule of law.3
2. Ratification of international instruments and cooperation with United Nations mechanisms
8. Article 20 of the Constitution states that international treaties approved and ratified by the Assembly of the Representatives of the People have primacy over national legislation but not over the Constitution. Such treaties may therefore be imposed directly by the judiciary. Tunisia has ratified 14 out of 18 international treaties and has withdrawn its reservations.4 In 2011 Tunisia issued an open invitation to the special procedures and has hosted 15 visits since then by special rapporteurs and working groups, including 10 during the past four years (annex 5).
9. The National Commission for the Coordination, Preparation and Submission of Reports and Follow-up to Recommendations on Human Rights was established with a view to addressing delays in the submission of United Nations reports and implementing best practices in that regard (annex 6).5 It is a standing Commission attached to the Prime Minister’s Office, is composed of representatives of all ministries and is chaired by the Minister responsible for human rights. During 2016 Tunisia presented its reports to the Committee on Enforced Disappearances,6 the Committee against Torture7 and the Committee on Economic, Social and Cultural Rights.8 It updated its common core document and submitted it to the secretariat in September 2016.
10. Tunisia supports the efforts of the Human Rights Council to develop human rights standards by participating in the drafting of resolutions such as those concerning freedom of expression on the Internet, the protection of journalists, civil society space, democracy and human rights, and protection of the family. It has also sponsored a number of resolutions concerning human rights defenders, the right to freedom of peaceful assembly, the right to development, and the elimination of violence against women and racial discrimination. As a member of the Council, Tunisia will endeavour to promote the achievement of its goals and to support all initiatives and resolutions aimed at protecting and promoting human rights.
11. The Office established in Tunisia by the Office of the United Nations High Commissioner for Human Rights (OHCHR) played a role in promoting cooperation with the international human rights system by providing substantive and technical support to all stakeholders.
12. Tunisia has permitted many international NGOs to establish offices in the country such as Human Rights Watch (HRW), the Geneva Centre for the Democratic Control of Armed Forces (DCAF) and the World Organization against Torture (OMCT).
3. The legislative framework
13. Tunisia is seeking to align national legislation that has a bearing on human rights with the Constitution and its international obligations, as will be demonstrated throughout this report.
B. The institutional framework for the protection and promotion of human rights
1. The role of the Assembly of the Representatives of the People
14. The National Commission for the Coordination, Preparation and Submission of Reports and Follow-up to Recommendations on Human Rights reports to the Assembly of the Representatives of the People. It is a standing Commission that discusses relevant bills before they are forwarded to the plenary for deliberation and enactment. Texts concerning rights and freedoms constitute organic acts that are adopted by an absolute majority of members of the Assembly of the Representatives of the People.
2. The role of the judiciary
15. The Constitution states that the judiciary is an independent authority, that judges are independent and subject only to the law in discharging their functions, and that nobody may interfere with the functioning of the judicial system. The Constitution also provides for a number of safeguards. Furthermore, for the first time in the history of the Tunisian judiciary, all its components (judicial, administrative and financial) are combined in a single body designated the Supreme Judicial Council.9
16. In 2013 a temporary body was established to oversee the judicial system pursuant to an Organic Act (annex 7). It oversaw judicial procedures during the period 2013-2016, while the Supreme Council of the Administrative Court and the Supreme Council of the Accounting Department continued to function under the supervision of the Prime Minister.
The mandates of the temporary body and the two Councils ended when the composition of the Supreme Judicial Council established under the Constitution was completed.
17. On 23 October 2016, the Independent High Authority for Elections supervised the election of members of the Supreme Judicial Council. Fifty-four per cent of the 32 elected members were women. The elected members and those appointed on the basis of their existing functions were sworn into office in the presence of the President of the Republic on 14 December 2016. The Council has not yet begun to perform its duties owing to divergences in the interpretation of the applicable legal text (annex 8).
18. Article 110 of the Constitution provides for the establishment of military courts and prohibits the establishment of courts with exceptional status. It states that the military courts have jurisdiction to rule on military crimes. A technical committee is currently reviewing the legislation governing the military court system and the statute applicable to military judges in order to align them with the Constitution and international norms guaranteeing the independence of the judiciary, and in order to establish rules guaranteeing a fair trial, in accordance with article 149 of the Constitution.
19. The independence of the military judiciary has been supported10 by a set of reforms designed to enhance the guarantees of a fair military trial (the principle of two-level litigation, the right to sue for damages and to institute a prosecution on one’s own responsibility, and alignment of the procedures adopted in the military courts with the
provisions of the Code of Criminal Procedure). In addition, a Military Judicial Council has been established and a statute applicable to military judges has been developed. It provides for the independence of the Military Prosecutor’s Office from the executive in instituting a prosecution, and abolishes the procedure whereby a military court quorum is met by appointing military personnel who are not judges.
3. Independent constitutional bodies11
20. The 2014 Constitution devotes a special chapter to independent constitutional bodies and requires all State institutions to facilitate their work. They seek to support democracy, are endowed with legal personality and enjoy administrative and financial independence.
They are elected on the basis of a qualified majority. The Constitution states that the law shall establish the composition and internal representation of the bodies in question, their electoral and organizational procedures, and procedures for ensuring their accountability. In May 2016 a governmental legal initiative was submitted to the Assembly of the Representatives of the People concerning an organic bill on common provisions applicable to independent constitutional bodies.
• The Independent High Authority for Elections
21. This body is responsible for the management, organization and supervision of elections, and for ensuring their sound conduct, fairness and transparency. The Authority is organized pursuant to an Organic Act,12 its officials have been assigned a special status to facilitate their tasks and it has been allocated an independent budget. The Authority supervised the 2014 parliamentary and presidential elections. It has also issued a strategic plan for the period 2016-2019.13
• The Audiovisual Communication Authority14
22. It is responsible for adapting and developing the audiovisual communication sector, guaranteeing freedom of expression and promoting pluralist and impartial communication media. It will replace the Independent High Authority for Audiovisual Communication.15 The Government is currently preparing a legislative initiative for the purpose.
• The Good Governance and Anti-Corruption Authority16
23. This body will be involved in formulating the Government’s good governance policy, in monitoring its implementation, in spreading a culture of good governance, and in preventing and combating corruption with a view to promoting principles of transparency, integrity and accountability. It will replace the National Anti-Corruption Authority.17 The Government prepared a legislative initiative, engaged in consultations concerning it, and submitted it to the Council of Ministers in late 2016 pending its referral to the Assembly of the Representatives of the People. The Assembly is currently discussing an organic bill concerning disclosure of corruption and protection of informants.
• The Authority on Sustainable Development and the Rights of Future Generations
24. The Authority will be consulted on bills concerning economic, social and environmental issues and on development plans. The Government is currently preparing a legislative initiative for the purpose.
• The Human Rights Commission as a national institution for the protection and promotion of human rights
25. Its mandate consists in monitoring respect for and promotion of human rights and freedoms and submitting proposals for developing the human rights system. It must be consulted on bills that fall within its mandate. It will investigate cases of human rights violations with a view to resolving them or referring them to the competent authorities. The Commission will replace the High Committee for Human Rights and Fundamental Freedoms, which was established in 1991 and which fails to comply with the Paris Principles. The latter made a number of contributions to the preparation of this report (annex 11). The Government submitted a legislative initiative in June 2016 to the Assembly of Representatives of the People consisting of an organic bill on the Commission, which
was drafted on the basis of a participatory approach involving stakeholders in the field of human rights (annex 12).
4. Other independent bodies: The following independent bodies have been established since 2012:
• The National Authority for the Prevention of Torture18 (annex 13)
26. It was established in response to the obligations incurred by Tunisia on ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It has wide-ranging powers and authority with respect to all places of detention. Its members were elected by the Assembly of Representatives of the People and were sworn in on 5 May 2016. They are currently awaiting the publication of provisions applicable to the Commission.
• The Truth and Dignity Commission19
27. The Commission was established pursuant to Organic Act No. 53 of 2013 concerning the establishment and organization of transitional justice (annex 14). It is tasked with implementing the provisions of the Act, and the period covered by its mandate extends from 1 July 1955 to the date of enactment of the Act. It has been discharging its functions since the election of its members by the National Constituent Assembly in May 2014, and it has been allocated an independent budget to perform its duties.
• The Commission on Access to Information
28. It was established20 to ensure the proper implementation of this provision of the Constitution. The Assembly of Representatives of the People has called for the nomination of candidates for election of its members (annex 15). It will seek to guarantee the right of all natural or legal persons to have access to information in the possession of the bodies responsible for supervising public facilities by examining complaints against decisions by the authorities to deny access to such information.
II. The promotion and protection of human rights on the ground
A. Measures to reform the judicial system
29. In 2012 the Ministry of Justice adopted the Strategic Plan to Reform the Judiciary (2012-2016), the purpose of which is to support the independence of the judiciary and to respond to the expectations of litigants (annex 16).21 Furthermore, in 2013 the Ministry conducted a national consultation, in cooperation with the United Nations Development Programme (UNDP), on reform of the judicial system. It presented the results of its work and its proposals in December 2013. Drawing on the outcome, the Ministry adopted an Action Plan in 2014 to reform the judicial and prison system during the period 2015-2019.22 30. With a view to implementing the plans, the Ministry of Justice joined a number of programmes financed by the European Union, for example: the Support for Partnership, Reforms and Inclusive Growth programme (SPRING), which supports reform of the judiciary in structural and human terms and the establishment of an independent judicial system; the Judicial Reforms Support Programme (PARJ); the Council of Europe programme run by the European Commission for the Efficiency of Justice (CEPEJ), which seeks to develop and enhance the capacities of the Court of Cassation and five other pilot courts; and the programme on “Strengthening Democratic Reform in the Southern Neighbourhood”, which supports the democratic and judicial reform process and promotes the independence and efficiency of the judiciary. In addition, the Ministry has created committees tasked with drafting statutes applicable to judges of the ordinary, administrative and financial courts and to other legal professions. In light of judges’ mandate to investigate complex and hazardous crimes, specialized judicial authorities have been created, such as:
the Counter-Terrorism Judicial Authority23 (annex 16) tasked with investigating all terrorist crimes defined in the relevant legislation and related offences; and the Economic and
Financial Judicial Authority24 (annex 17), which is authorized to develop precise definitions of economic offences and to specify investigation and prosecution procedures.
B. Development and building of capacities in the area of human rights
31. The aim of disseminating a human rights culture in Tunisia is enshrined in article 39 of the Constitution. The following measures have been taken to that end.
32. With regard to the judiciary, since 2012 the Higher Institute of the Judiciary has provided human rights training for 964 legal officers. It also organized, in cooperation with OHCHR, 14 training courses for practising judges in 2014 and 2016. Each course was attended, on average, by 60 judges. As part of the programme to support the development of the judiciary, a partnership agreement was signed, in cooperation with the European Union, on development of the structure of the Higher Institute of the Judiciary and of its human resource, educational and scientific capacities. In addition, the Ministry of Justice has organized courses for practising judges and public prosecutors based on bilateral cooperation agreements.
33. With regard to prison staffing and reforms, the basic public training programme of the human rights module for prison staff has been updated and aligned with international human rights norms applicable to penitentiary units.
34. In 2013 the International Committee of the Red Cross (ICRC) organized an on-site training course. In addition, as part of its ongoing cooperation with the Ministry, OHCHR organized a series of training courses on behalf of 1,611 officials. In the context of the partnership between the Ministry of Justice and the Ministry responsible for children, eight training courses in the development of a child rights culture and the elimination of violence against children were organized in 2015 and 2016. They were attended, on average, by 22 officials working in direct contact with children.
35. The Ministry of the Interior continues to build the capacity of the internal security forces through training courses based on international norms and on national constitutional and legislative provisions relating to human rights and fundamental freedoms. It cooperated with the Council of Europe, OHCHR, the United Nations Educational, Scientific and Cultural Organization (UNESCO), ICRC, the Geneva Centre for the Democratic Control of Armed Forces, and other bodies. In December 2015 the United Nations Counter-Terrorism Implementation Task Force organized a training course on countering terrorism while respecting human rights on behalf of the forces responsible for internal security and the protection of civilians. It focused on monitoring and protective mechanisms, a moral and legal code of conduct for police officers, human rights, the prohibition of torture, and international arrest and detention standards. Steps are being taken to develop curricula for national security colleges and to establish a police academy.
36. With regard to the Ministry of Defence, a number of military judges have received training in international humanitarian law within the country and abroad. For example, they attended training courses at the International Institute of Humanitarian Law in San Remo, Italy, during the period 2013-2016, and courses at the Partnership for Peace Training Centre in Ankara on human trafficking during the past four years. They also attended the twenty- first Arab training course in international humanitarian law held in Tunis in April 2016. The Ministry organized training courses and the Tunis Seminar on international humanitarian law in the School for the Application of Military Health Services in 2012, 2013, 2014 and 2015. It participated in August 2014 in a presentation in Tunis in 2014 by an ICRC armed forces delegate of procedures for cooperation between the Ministry of Defence and ICRC.
It is also arranging for instruction in human rights and international humanitarian law for specific groups in diverse military training schools, and for the publication of guidelines and booklets on international humanitarian law.
C. The process of transitional justice
37. Organic Act No. 53 of 2013 regulated areas of transitional justice, such as disclosure of the truth, preservation of memories, accountability, compensation for damages, rehabilitation, reconciliation and institutional reform. It established the Truth and Dignity Commission which, on commencing its duties, adopted a guidebook on arbitration and reconciliation measures (2015) and a guidebook on research and investigation (2016).25 It received 62,326 complaints and petitions prior to the deadline for submission and held 13,165 hearings for victims. It also broadcast public hearings in the media on 17 and 18 November and 14 and 15 December 2016 and on 14 and 26 January 2017. Criminal divisions specializing in transitional justice were established in the lower courts attached to the courts of appeal26 (annex 18). The Temporary Judicial Authority27 assigned a number of judges to the criminal divisions specializing in transitional justice in the aforementioned lower courts for the purpose of examining transitional justice cases.
38. The Ministry of Justice is currently cooperating with the Truth and Dignity Commission, the Temporary Judicial Authority, OHCHR and the United Nations Development Programme (UNDP) on the production of operating guidelines for the criminal divisions specializing in transitional justice. It should be noted that, prior to the establishment of the Commission, compensation was provided to injured persons and to the families of persons who died during the revolution, and advance payments were made to persons who were granted a general amnesty whose requests for compensation were deemed to require an expeditious response (annex 19).
39. Furthermore, the military justice system addressed crimes committed against demonstrators and protectors during the revolution of 17 December 2010 to 14 January 2011, as the regular justice system refrained from addressing them. It launched investigations into a number of the crimes committed, including intentional and premeditated homicide, intentional homicide and intentional infliction of injuries.
Convictions were handed down against a number of security force leaders and officers and against field officers. The courts handed down sentences of material compensation to the families of martyrs and to persons injured during the revolution. The cases are still pending before the Military Appeal Court, since the initial judgments appealed against were quashed by the Court of Cassation and referred to a different court. In addition, the military justice system is prosecuting perpetrators of human rights violations against soldiers under the previous regime in the so-called “Barraket Essahel” affair. Convictions were handed down in some ongoing cases and the sentences included compensation for the victims of the violations. The court rejected the defence argument based on the statute of limitations because material and legal obstacles had prevented the victims from prosecuting the perpetrators when the crimes were committed in 1991.
D. Combating torture
40. According to article 23 of the Constitution, the State protects human dignity and physical integrity, and prohibits mental and physical torture. Article 29 states that no person may be arrested or detained unless he or she is apprehended during the commission of a crime or on the basis of a judicial order. Persons must be immediately informed of their rights and the charges against them, and they have the right to appoint a lawyer. Article 30 guarantees the right of all prisoners to humane treatment that preserves their dignity. In enforcing a penalty involving deprivation of liberty, the State is required to take into account the interests of the family and to seek the rehabilitation and reintegration of the prisoner into society. The Constitution also enshrines the principle that the crime of torture is not subject to any statute of limitations, a principle which is also reflected in article 24 of the Organic Act establishing the National Authority for the Prevention of Torture.
41. In addition, the Organic Act28 amending some articles of the Code of Criminal Procedure, which entered into force at the beginning of June 2016, provides a basic guarantee of the prevention of torture, inasmuch as it reduces the legal period of confinement and grants suspects the right to have a lawyer present during the initial interrogation and to request a medical examination (annex 20).
42. At the practical level, the Ministry of the Interior, in cooperation with a number of international and national organizations, such as the Swiss Association for the Prevention of Torture (APT), the World Organization against Torture (OMCT), OHCHR and ICRC, organized workshops, training courses and study sessions for internal security force personnel that focused on prevention of ill-treatment and torture, capacity-building based on international human rights norms, and boosting oversight of places of deprivation of liberty.
43. The Ministry of the Interior, in cooperation with the ICRC, is implementing a project in Tunisia on “Improvement of the treatment of detainees during police custody”.
Its six main components focus on: basic and supplementary training to ensure that detainees are treated in accordance with a human rights approach; improvement of the infrastructure of places of detention; development of standard guidelines on methods of interrogation and questioning; production of posters listing detainees’ guarantees to be hung on the walls of all detention centres; and production of “Guidelines on commendable practices for law enforcement personnel in detention centres for suspects”, which provide guidance on professional conduct and humane treatment when enforcing the law in holding cells and detention centres.
44. It should be noted that, after the revolution, the Ministry of the Interior issued numerous leaflets, telegrams and work notes to law enforcement personnel with a view to improving their relations with detainees, and ensuring greater efficiency in the fight against crime and the prosecution of perpetrators by promoting an approach based on respect for the law and promotion of the principle of responsible national security based on transparency, impartiality, service on behalf of citizens, and a correct approach to peaceful meetings, gatherings and protests. To that end, it drafted a code of conduct for the internal security forces specifying procedures for democratic conduct within the security establishment and enshrining the concept of national security, in accordance with article 19 of the Constitution. A committee was established in the Ministry of the Interior to review the Act29 concerning basic legislation applicable to the internal security forces and the Act30 regulating public meetings, demonstrations, marches and parades in order to align them with basic human rights principles.
45. The various steering committees established in connection with the reform and modernization of the security sector are continuing to draft legislation aimed at regulating and controlling security-related activities, and are developing legal frames of reference for the neighbourhood police and for complaint and investigation procedures “as a project to support prevention, preparedness and management of crisis situations” together with the UNDP and under the European Union programme to support the modernization and reform of the security sector.
46. With regard to arrangements for foreign monitoring of places of detention, the Human Rights Unit of the Ministry of the Interior coordinates with international governmental and non-governmental associations and organizations with a view to establishing procedural safeguards and eliminating the likelihood or risk of torture. Visits to detention centres have been arranged on 59 occasions for the ICRC, the European Parliament, Doctors of the World, Human Rights Watch, and the Danish Rehabilitation and Research Centre for Torture Victims.
47. A visit to Tunisia by a delegation of the United Nations Subcommittee on Prevention of Torture was facilitated in April 2016. The Ministry of the Interior issued parallel instructions aimed at facilitating the work of the National Authority for the Prevention of Torture.
48. The Ministry of Justice, acting in cooperation with the Danish Institute against Torture, issued a guidebook on combating torture in late 2014 with a view to training 140 judges, including 60 trainers. The guidebook was distributed among the appeal courts and courts of first instance. It is expected that each of them will train between 10 and 15 judges during the next two years.
49. Following its ratification by Tunisia, the Optional Protocol to the Convention against Torture was incorporated in the human rights curriculum of all categories of trainees in the National School for Prisons and Rehabilitation. They will be informed of the
mandate of the Subcommittee on Prevention of Torture as an international preventive mechanism authorized to visit places of detention where persons are deprived of their liberty. Since the promulgation of the Decree31 concerning ratification of the Code of Conduct and Ethics of Public Officials, the Directorate General for Prisons and Rehabilitation has circulated the Code and held regular training sessions to raise awareness of its content. The prison and rehabilitation inspection authorities conduct regular unannounced visits to places of detention to investigate problems and difficulties encountered in such facilities and to address existing transgressions.
50. The Ministry of Justice, in cooperation with OHCHR, organized a training course in 2013 on “Human rights and visits to places of detention”. It organized training courses, in cooperation with the Geneva Centre for the Democratic Control of Armed Forces, that led to the publication of the “Guide on Visiting Places of Detention”. A training course was also held by ICRC for prison officers and staff. In addition, the Ministry of Justice organized a think tank, in coordination with the ICRC regional delegation in Tunis, with a view to submitting proposals aimed at reducing prison overcrowding in the short and medium term.
51. With regard to visits to places of detention, on 10 December 2012 the Ministry of Justice signed nine memorandums of understanding with associations and organizations of human rights defenders, authorizing them to visit prisons. By late December 2016, the organizations had conducted 664 visits. Action pursuant to the memorandums came to an end when the National Authority for the Prevention of Torture was assigned its mandate.
Bodies wishing to visit prisons are now issued with a permit following case-by-case examinations of their requests. A Memorandum of Understanding was signed in this context with the Tunisian Human Rights League and its branches on 10 July 2015, enabling it to visit prisons and investigate inmates’ circumstances. An agreement was reached with Penal Reform International on 17 May 2016 on the implementation during a two-year period of two projects concerning, on the one hand, the imposition of alternative penalties in Messadine Prison and, on the other, promotion of a human rights approach to the treatment of inmates in Messadine Prison and in the Rehabilitation Centre for Juvenile Offenders in Sidi al-Heni. In addition, the Ministry signed an agreement on 12 January 2016 with the Ministry for Women, the Family and Children that permits delegates specializing in the protection of children to visit rehabilitation centres for minors to investigate the accommodation and living conditions, and to ensure respect for children’s rights and proper treatment of minors.
52. It should be noted that the Public Prosecution Service attached to various courts of first instance has a special register containing records of complaints of torture and their outcome, oversight of the investigations until they reach the prosecution stage and the outcome thereof, with a view to ensuring that the outcome can be monitored. Since December 2008 Tunisia has had a special statistical system for use by the Inspectorate General at the Ministry of Justice to ensure that the time limits for pretrial detention are not exceeded.
53. A workshop was held on 17 November 2016, under the supervision of the Ministry for Relations with Constitutional Bodies and Civil Society and for Human Rights and in cooperation with the Danish Institute against Torture, on measures to develop the legal framework for the prevention of torture. Shortcomings in the existing national legislation were discussed and remedies were proposed. The Ministry of Justice and the National Authority for the Prevention of Torture held a meeting on 8 December 2016 with the Danish Institute against Torture to discuss the prevention and combating of torture and current challenges. They produced a joint working document that can be consulted when reviewing legal provisions and taking steps to guarantee, in particular: the invalidity of confessions extracted under torture; issues relating to allegations of torture before the courts; procedures for dealing with complaints and for combating immunity for crimes of torture and ill-treatment at all levels of legal proceedings; and protection of victims of torture and their relatives and witnesses. Pursuant to an agreement between the Ministry of Social Affairs and the Danish Institute against Torture (DIGNITY), the Ministry has supported the opening of an office to be run by the Institute in Tunisia, the aim being to assist and support victims of torture and to reintegrate them into society. Steps will also be
taken to train social participants in techniques of providing psychological support for victims of torture and violence and of contributing to their rehabilitation.
54. With a view to aligning national legislation with the Constitution and international norms, including the provisions of the Convention against Torture, two technical committees were created in the Ministry of Justice to conduct an in-depth review of the Criminal Code and the Code of Criminal Procedure, the aim being to formulate a general penal policy, to put forward views regarding the criminal and penal system as a whole, to align relevant provisions with international norms, particularly those pertaining to the fight against torture, and to encourage alternative penalties and the reduction of prison sentences.
55. In accordance with the recommendations issued by the United Nations Committee against Torture to Tunisia following the review of its third periodic report in April 2016, the standing Commission took steps to draft a report on procedures for implementing the recommendations, which will be presented for discussion by all stakeholders.
56. With regard to the strategy for addressing the issue of prison overcrowding, the Ministry of Justice, in cooperation with OHCHR and Penal Reform International, held a workshop in February 2015 entitled “Towards a national strategy to reduce overcrowding in Tunisian prisons”. It was preceded by a number of meetings to discuss the reform of the prison system, in particular two international seminars in 2013 and 2014 on “Prisons: the current situation and future prospects”, and a workshop on “The Bangkok Rules: their current status and challenges and priorities for Tunisia”, which was organized by the Geneva Centre for the Democratic Control of Armed Forces in cooperation with the Ministry of Justice in May 2014. Measures were adopted in this context at a variety of levels, including the following:
• Reduction in the imposition and duration of prison terms
57. This involves the imposition of alternative penalties prescribed by law (community service and restitution) and the introduction of other alternative penalties to prevent incarceration and to promote a policy of rehabilitation and reintegration. As part of the Judicial Reforms Support Programme implemented in cooperation with the European Union, a support system has been created in Tunisia pending the establishment of an integrated legal system. The support system has set itself numerous goals, primarily enabling judges to impose penalties that are consistent with the nature of the offence perpetrated and the personality of the perpetrator; reduction of prison overcrowding;
alignment of conditions of detention with international norms and domestic legislation;
reduction of recidivism; and maintenance of detainees within their family and social environment.
58. Alternatives to detention pending prosecution such as legal surveillance and electronic monitoring will greatly reduce recourse to pretrial detention and will facilitate procedures such as the granting of a special pardon and conditional release as a preliminary solution to the problem of prison overcrowding. Convicted and sentenced prisoners will benefit from these procedures provided that their penal status meets the applicable conditions and standards.
• The infrastructure
59. The Ministry of Justice and the Directorate General for Prisons and Rehabilitation have refurbished many prisons, increasing their cell capacity to accommodate an additional 1,480 inmates in new wings in the prisons of Sfax, Mahdia, Monastir and Messadine Sousse. Prison capacity will be further increased between June and September 2017 to accommodate an additional 1,600 inmates as a result of the refurbishment of the prisons of Gabes and Burj al-Amri and Oudhna Centre by means of the Ministry’s own resources or through United Nations support. A new prison will also be established in Nabeul region (with a capacity to accommodate 1,000 inmates) and in Beja Governorate. A health-care centre has been established in Burj al-Amri Prison with several different sections (physiotherapy, radiology, dentistry, etc.). Areas accommodating 300 inmates have been designated for training, employment and rehabilitation, most recently in Sfax. It should be noted that women and men are segregated in Tunisian prisons and detention centres, and during police custody. There is a special prison for women in the capital city that can
accommodate 700 inmates. In addition, seven prisons have separate wings for women.32 Women inmates account for 661 out of a total of 23,553 remand or convicted prisoners (annex 21). Special provision is made for detained mothers and children who live with them in prison. Thus, space has been reserved in Manouba Prison for pregnant and lactating women as a result of an initiative by Penal Reform International. The initiative will be extended to all other prisons.
• Development of legislation
60. In addition to the two committees created in the Ministry of Justice to review the Criminal Code and the Code of Criminal Procedure, a review was conducted of the penalties prescribed for some offences defined in the bill concerning drugs, which was approved by the Council of Ministers and referred to the Assembly of the Representatives of the People. It was proposed not to bring legal proceedings against someone who requests himself or through his representative, spouse, ascendant, descendant or doctor to undergo medical and psychological treatment for his health condition, and who does not cut contact with or leave the health-care facility without the consent of the attendant physicians. This bill will enable the court to find extenuating circumstances for consumption offences, in accordance with article 53 of the Criminal Code. In addition, a committee has been established in the Ministry of Justice to review the Act concerning the prison system.33
E. The issue of abolition of the death penalty
61. Article 22 of the Constitution stipulates that: “The right to life is sacred and may not be violated save in exceptional cases regulated by law.” It should be noted that the issue of abolition of the death penalty has been discussed in the National Constituent Assembly and among political parties and other components of civil society. A national seminar was held in August 2012 on “Maintenance or abolition of the death penalty”. The views expressed revealed a deep divergence of views. In practice, however, no death penalty has been executed in Tunisia since 17 November 1991. Moreover, Tunisia supported the United Nations General Assembly resolutions concerning a moratorium on the use of the death penalty adopted in 2012, 2014 and 2016.34
F. The fight against human trafficking
62. An Organic Act35 concerning the fight against human trafficking has been enacted. It provides for the prevention and combating of all forms of exploitation to which people may be subjected, particularly women and children. A national authority established pursuant to the Act is mandated to develop a comprehensive national strategy for the prevention of human trafficking, the deterrence and prosecution of perpetrators, and the protection and assistance of victims through coordinated action by the various actors involved in combating trafficking in persons (annex 22). The Ministry of National Defence participates in rescue operations at sea, providing first aid to victims and referring them to the local authorities. During the past six months it has conducted 480 rescue operations involving 6,762 persons as part of its action to halt illegal migration, which is responsible for a large proportion of human trafficking. It also oversees the borders through air and land surveillance operations designed to prevent the smuggling of goods, weapons and persons.
G. The state of emergency
63. Decree No. 50 of 1978 regulates states of emergency. An organic act is currently being drafted with a view to aligning the regulations with the provisions of the Constitution. In light of the prevailing security situation and the fight against terrorism, a state of emergency has been proclaimed and extended several times, most recently through the January 2017 declaration. The United Nations Secretary-General has been notified on each occasion and assured that no right or freedom enshrined in the Covenant will be suspended.
H. Respect for human rights while countering terrorism
64. The Act concerning the fight against terrorism and the prohibition of money laundering promulgated in 2015 establishes the following three bodies: the National Counter-Terrorism Commission; the National Financial Analysis Commission; and the Counter-Terrorism Judicial Authority. Furthermore, in late 2016 the President of the Republic approved a National Strategy to Combat Terrorism and Violent Extremism, which was drafted in compliance with international human rights norms. The different ministries have undertaken to develop plans for its implementation.
I. Support for general rights and freedoms
65. Decree No. 115 of 2011, which regulates freedom of the press, printing and publication, is currently being reviewed to align it with the provisions of the Constitution and international norms. To that end, steps have been taken since 2014 to create a group of judges tasked with supporting cooperation between the National Observatory on the Independence of the Judiciary, OHCHR and the Article 19 organization with a view to ensuring that the provisions of the aforementioned Decree are implemented in accordance with international standards. Pursuant to Decree No. 41 of 2011 concerning access to administrative documents, the office of spokesperson on behalf of numerous official bodies and courts was created to facilitate communication with the media pending the entry into force of Organic Act No. 22 of 2016.
66. The Constitution guarantees the protection of personal data. According to article 24, the State protects citizens’ right to privacy and the confidentiality of their personal data.
This right is also enshrined in Organic Act No. 63 of 2004. The Prime Minister is currently considering an organic bill aimed at approving the application for accession to Council of Europe Convention No. 108 and its Additional Protocol No. 181.
67. The National Authority for the Protection of Personal Data established pursuant to the above-mentioned Organic Act issued 20 advisory opinions in response to requests from public bodies in 2016 and deals with 60 files each month. The Special Rapporteur on the right to privacy visited the Authority in December 2016 to discuss the organization of an international event to be held in Tunisia in May 2017 on privacy, personality and flows of information.
J. Equality and non-discrimination
1. Protection and promotion of women’s rights
68. The Constitution enshrines the principle of equality between women and men by using both the masculine and feminine forms of the term “citizen”. It recognizes the family as the nucleus of society and the right of children to protection and education.36
69. Article 46 of the Constitution requires the State to protect women’s rights as enshrined in the Personal Status Code and to strengthen and develop them.
70. The Ministry for Women, the Family and Children protects the rights acquired by women even before the promulgation of the Constitution. With a view to ensuring that women have access to its services in both urban and rural areas, 24 regional delegations for women’s and family affairs were established in 201337 to cover the entire territory of the Republic. The Ministry was restructured with the aim of supporting equality of opportunity and gender equality, integrating women into social and economic life, and promoting the economic empowerment of women by creating administrative bodies tasked with monitoring and opposing discrimination and violence against them, an economic empowerment authority and an authority for the advancement of rural women.
71. In line with the principle of gender equality, it was decided in 201538 that travel authorization for minors could be granted by either of their parents or by their guardian or legal custodian. Authorization for travel and the issuance of passports had previously been reserved for the minor’s father (annex 23).
72. Equality was institutionalized in 2016 though the creation of the Peer Council for Equality and Equality of Opportunity (annex 24), a body that seeks to introduce a gender- based approach to planning, programming, evaluation and budgeting in order to eliminate all forms of discrimination between women and men. With a view to ensuring equality in employment and wages, which is enshrined in the legislation, the labour inspection authorities adopt deterrent measures to address non-compliance by employers with the relevant provisions of the Labour Code.
73. The specifications issued by the Independent High Authority for Audiovisual Communication require anyone who obtains a permit to establish and run a private radio or television channel to comply with a number of basic principles, including “protection of women’s rights and elimination of stereotypes in the media”.
74. Since 2012 Tunisia has been implementing a national strategy to combat violence against women adopted in 2008, in cooperation with a number of United Nations organizations and civil society associations. It focuses on four areas: monitoring and assessment of the phenomenon of violence against women; provision of appropriate and diverse services to respond to the needs of women victims of violence: social mobilization and awareness-raising with a view to changing conduct and eliminating the phenomenon of violence against women; and advocacy of a review of the legislation and support for a legal system that prevents and criminalizes violence against women.
75. An Organic Bill aimed at eliminating violence against women was referred to the Assembly of the Representatives of the People for discussion and adoption in July 2016.
The Bill, which adopts a comprehensive approach, provides for prevention, deterrence, protection and the establishment of institutional mechanisms. An advocacy and support plan has been developed for the Organic Bill as well as a legal framework applicable to care centres for women victims of violence. Al-Aman shelter for the protection of women against violence was established in 2015 and is run in partnership with civil society. A map of services rendered to women victims of violence and women in situations of vulnerability has been produced and circulated. Steps have been taken to continue implementing the pilot project on “Multisectoral care for women victims of violence in the area of Greater Tunis”, which was launched in 2014. Sectoral protocols concerning care for women victims of violence have been developed (for the sectors of women, the family, childhood, health, justice, the interior and social affairs) as well as a concise procedural manual for their sectoral care. On 25 November 2016, a green telephone line for listening and offering guidance to women victims of violence was launched. A total of 266 calls had been received by the end of 2016.
76. In addition, sectoral protocols concerning awareness-raising were signed by all relevant ministries in December 2016 pending the signing of a multisectoral agreement in due course. The provisions of Decree No. 35 of 2011,39 which enshrined the principle of parity between women and men in rotation-based electoral lists, helped to increase the number of women in the National Constituent Assembly. However, they occupied only 65 of the 217 seats, that is to say 29.95 per cent. The percentage recorded in the 2014 legislative elections rose to 31.3 per cent of the seats in the Assembly of Representatives of the People. This ratio evolved when vacancies occurred in the Assembly, rising to 34.56 per cent, or 75 seats occupied by women. As a result, the principle of horizontal and vertical parity was enshrined in the electoral bill for the municipalities, which will lead to an increase in the participation of women in local government.
77. In 2012 a number of programmes and activities were organized to encourage women to participate in public and political life by raising women voters’ awareness of the initiative aimed at including them in electoral lists, involving them in voting procedures, and supporting their participation in the running of polling stations and the monitoring of elections. The events included an international seminar on the political participation of women in October 2012.
78. The Ministry of National Defence organized a seminar on future perspectives for women members of the armed forces in the context of the 5+5 Defence Initiative. The seminar was attended by various stakeholders from Tunisia and abroad. It established a committee to study the situation of women in the armed forces with a view to combating
