Tunisia: Arrest and restricted movement of human rights defenders

Your Excellency,

I am deeply concerned following reports of the arrest and restricted movement of human rights defenders Zakia Dhifaoui, member of the Kairouan section of the Ligue tunisienne des droits de l'Homme (Tunisian League of Human Rights) (LTDH); Ali Ben Salem, president of the Bizerte section of the LTDH; Mohamed Ben Saïd, member of the Bizerte section of the LTDH; Othman Jmili and Faouzi Sadkaoui of the Association internationale de soutien aux prisonniers politiques en Tunisie (International Association for the Support of Political Prisoners in Tunisia) (AISPP).

On 27 July 2008, Zakia Dhifaoui was arrested at the home of imprisoned trade unionist Adnan Hajji, having participated in a peaceful demonstration there earlier that morning. Mme Dhifaoui appeared before the Gafsa correctional court on 31 July 2008, accused of 'causing damage to private property, attacking public morals, participating in a gathering of more than ten people, assault of a civil servant, throwing of solid materials and causing unrest in a public space. In the course of the hearing, Zakia Dhifaoui alleged that she had been subjected to sexual harassment and threatened with rape by a police official whose name is known to me, and that while being subjected to such threats, was forced to sign a document whose content was unknown to her. The petition of the defence to register these declarations was rejected by the judge, who adjourned the hearing until 14 August 2008.

Othman Jmili and Faouzi Sadkaoui were arrested on the afternoon of 25 July 2008 and brought to Bizerte prison. On 29 July 2008, they were brought before the Bizerte cantonal court, accused of gathering in a public place and attacking public morals. Both Othman Jmili and Faouzi Sadkaoui had participated in a peaceful gathering in front of the town hall in Bizerte on 25 July 2008. Their parents and some members of civil society were refused access to observe the hearing by police officers.

Mohamed Ben Saïd was arrested on the morning of 28 July 2008 on the motorway from Bizerte to Tunis. After undergoing an inspection which lasted over an hour, he was released and then later intercepted again by four police officers who accused him of having refused to stop. Mohammed Ben Saïd was detained in a detention facility Bouchoucha for refusing to comply with orders given by traffic police officers. Minutes later, Ali Ben Salem was also arrested by traffic police officers at the exit of the motorway from Bizerte to Tunis. He was detained for over an hour and instructed to turn back and return to Bizerte. Mohamed Ben Saïd and Ali Ben Salem also participated in the peaceful gathering on in Bizerte on 25 July 2008.

I believe that these arrests of Zakia Dhifaoui, Ali Ben Salem, Mohamed Ben Saïd, Othman Jmili and Faouzi Sadkaoui and the restrictions on the freedom of movement of Ali Ben Salem are a direct result of their legitimate and peaceful work in the defence of human rights. Furthermore, I am concerned for the security and physical and psychological integrity of these human rights defenders, as well as that of their families.

I urge the Tunisian authorities to:

1. Immediately and unconditionally release Zakia Dhifaoui, Ali Ben Salem, Mohamed Ben Saïd, Othman Jmili and Faouzi Sadkaoui, as I believe that they are being held solely on the basis of his legitimate non-violent human rights work;

2. Initiate an immediate, thorough and impartial investigation into the circumstances of their arrests, with a view to publishing the results and bringing those responsible to justice;

3. Guarantee the security and physical and psychological integrity of Zakia Dhifaoui, Ali Ben Salem, Mohamed Ben Saïd, Othman Jmili and Faouzi Sadkaoui, as well as that of their families;

4. Guarantee in all circumstances that human rights defenders and organisations in Tunisia are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.

Yours sincerely,