During December 2000 and January 2001, members of a trial observation mission observed three trials in Tunisia, all of which concerned violations of international human rights standards:
- The criminal trial of Dr Moncef Marzouki which was listed for hearing on the 15 December 2000 before the Tribunal de Premiere Instance in Tunis. Dr Marzouki was charged with “maintaining an illegal association” under Article 30 of the Law on Associations, and “spreading false information liable to disturb public order” contrary to Article 49 of the Press Code. These charges carried a potential sentence of up to 10 years.
- The criminal trial of Maître Nejib Hosni, which was listed for hearing on the 18 December 2000 before the District Court in El-Kef. Nejib Hosni was charged with “noncompliance with a judicial decision” contrary to Article 315 of the Penal Code. This carried a sentence of up to 15 days. However, the subject matter of the judicial order in question, which purported to ban Nejib Hosni from practising his profession as a lawyer, raised fundamental issues about the independence of the judiciary within Tunisia.
- The civil trial in which four pro-Government members of the League Tunisienne des Droits de l’Homme (LTDH) challenged the election results of the 5th congress of the LTDH which was listed for hearing on 29th January 2001. This is an attempt to have the election results declared invalid, and accordingly to get rid of the newly elected committee which did not include any Government supporters. By forcing the LTDH to hold new elections, the Government hopes to regain control of the committee.
This report describes the background, the progress and the results of these trials. It also reports on meetings which were held with various organisations in Tunisia, including the Young Bar Association, the Association Tunisienne des Femmes Démocrate (ATFD), the CNLT, and with foreign diplomats.