TUNISIA

In the context of the UPR, Amnesty International has made the following recommendations to Tunisia

Normative and institutional framework of the State:

Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty;

Ensure that all international treaties ratified by Tunisia are enforceable in law by clearly stipulating the superiority of international law over domestic law in the new constitution, and by amending national legislation as necessary;

Ensure the new constitution incorporates human rights guarantees and upholds Tunisia’s international obligations, including the principle of non-discrimination, freedom of expression, association and assembly, the independence of the judiciary, protection from torture and other forms of ill-treatment, the right to life, and the protection of economic, social and cultural rights;

Amend or abolish all laws that discriminate on the basis of race, colour, religion, ethnicity, birth, sex, sexual orientation, gender identity, political or other opinion, national or social origin, or other status;

Amend the Law on the Organization of the Judiciary to ensure the independence of the judiciary from the executive;

Amend the counter-terrorism law to bring it into full compliance with relevant international human rights law and standards, as well as the recommendations of UN human rights bodies;

Amend provisions that discriminate against women in the Personal Status Code;

Immediately lift the state of emergency;

Abolish the death penalty.

Torture and other ill-treatment:

Make clear to all security officers involved in arrest, detention and interrogation that torture and other ill-treatment are not acceptable under any circumstances;

Amend the law on torture to bring it in line with international human rights law, including by repealing the statute of limitations;

Ensure effective, independent and impartial investigations of all complaints of torture or other ill-treatment and that perpetrators are brought to justice and victims receive appropriate reparation.

Freedom of assembly:

Inform the police and security officers of their duty to respect human rights at all times, including the right to freedom of expression, and to ensure all allegations of excessive use of force against peaceful protesters are investigated in a prompt, effective, and independent manner;

Issue clear instructions on the use of force and firearms in policing, in line with international standards;

Release immediately and unconditionally all detainees held solely for the peaceful exercise of their right to assembly;

Ensure that any limitations to the rights to freedom of expression, assembly and association are strictly in line with international standards.

Impunity and continuing lack of independence of the judiciary:

Ensure that those identified as responsible for human rights violations are brought to justice in fair trials, without recourse to the death penalty;

Establish a thorough, impartial and independent investigation into the human rights violations and abuses committed under the rule of former President Ben Ali, while ensuring full reparations for the victims and protection of all who provide information to the investigation;

Undertake a fundamental overhaul of the security apparatus and make public a clear structure of the security branches including chain of command;

Establish an oversight body to hold security forces to account for any abuses;

Ensure the judiciary is fully independent from the executive branch of government;

Ensure that all detainees are either charged with recognizable criminal offences and tried in accordance with international standards for fair trial, or immediately released.

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