[WSIS CS-Plenary] [English] Information in contribution to the preparation of PrepCom1 in Tunis

[Meryem Marzouki]

To: WSIS Civil Society Plenary list, WSIS Civil Society Human Rights 
Caucus list

Dear all,

While some of us are preparing themselves to attend 1st PrepCom of WSIS 
2nd phase, to be held in Hammamet, Tunisia, on June 24-26, 2004, I've 
thought this information could help this preparation process.

The 2003 annual report of the Observatory for the Protection of Human 
Rights Defenders, a joint programme by the International Federation of 
the Human Rights Leagues (FIDH) and the World Organization against 
Torture (OMCT), both members of the WSIS CS Human Rights Caucus, has 
just been published. Entitled "Human Rights Defenders in a Security 
First Environment", the report is available in English, French and 
Spanish, with a preface by Shirin Ebadi, Iranian human rights defender 
and 2003 Peace Nobel Prize.

The report is available on line:
English: http://www.fidh.org/IMG/pdf/complete2003a.pdf
French: http://www.fidh.org/IMG/pdf/Rappfrdef.pdf
Spanish: http://www.fidh.org/IMG/pdf/completa2003e.pdf

3 press conferences has been held, in Geneva, Tunis and Dakar to launch 
it.
The Tunis Press conference should have been presented on April 14, 
2004, by Patrick Baudouin (Honorary president and former president of 
FIDH), Souhayr Belhassen (Vice-president of the Tunisian Human Rights 
League-LTDH and of FIDH) and Raji Sourani (Director of the Palestian 
Center for Human Rights-PCHR and Vice-president of FIDH).
Patrick Baudouin has been denied entry to Tunisia on April 13 : as soon 
as he landed at Tunis Carthage airport, he has been forbidden entry to 
Tunisia and was sent back by the same plane to Paris. It is the 3rd 
time Patrick Baudouin, a lawyer, is denied entry to Tunisia (see FIDH 
communique at http://www.fidh.org/article.php3?id_article=904 - French 
only -, this has also been reported by the press).

According to the 2003 report of the Observatory, Tunisia can be 
classified in "Category 2" (on a 1 to 3 scale of human rights defenders 
repression), together with Afghanistan, Belarus, Cameroon, Colombia, 
Cuba, Guatemala, Guinée-Bissau, Haïti, Indonesia, Iran, Kirghizistan, 
Liberia, Mauritania, Ouzbékistan, Philippines, Chechnya, Rwanda, 
Soudan, Syria, Togo, Turkey, Zimbabwe, where the situation is qualified 
as "Systematic repression: human rights defenders can act through 
independent associations for Human Rights but are subjects to 
systematic repression and/or Intergovernment organizations (IGOs) are 
denied the right to access the country for investigation purposes" 
(http://www.fidh.org/article.php3?id_article=900)

Below are some excerpts of the report, relevant regarding WSIS and the 
difficulties for Tunisian civil society implication in this process.

Best regards,
Meryem Marzouki, IRIS, France
Co-coordinator of the WSIS CS Human Rights Caucus
http://www.iris.sgdg.org/actions/smsi/hr-wsis

Excerpts of the 2003 annual report of the Observatory for the 
Protection of Human Rights Defenders:
"
- The war against terrorism and erosion of rights (p 226) :
(p 276) On 10th December 2003, the Chamber of Deputies in Tunisia 
approved
a law «supporting the international effort to combat terrorism and
money laundering» (Law n° 2003-75, ratified and published in the
Official Journal on 12th December 2003). This law qualifies as acts of 
terrorism
«all actions, whatever their motives, [...] likely to sow terror in
the population with the aim of influencing State policy [...], 
disturbing
the public order, peace, or international security, or causing harm to
individuals or property». The law also considers as terrorist «acts of 
incitement
to hatred or to racial or religious fanaticism, regardless of the
means used». Furthermore, anyone bound by professional privilege (an
attorney, for example) that fails to immediately relay information 
regarding
terrorist acts to authorities is also considered a terrorist.
This law also imposes very strict financial control over non-profit
organizations and political parties. In particular, they may not receive
yearly subscriptions of more than 30 Dinars, accept any donation or
other form of financial support of any value unless exempted by a 
special
provision of the law, accept any foreign funds, unless via an officially
authorized intermediary residing in Tunisia and not prohibited by the
law currently in force and, finally, accept any cash funds whose value
equals or exceeds five thousand Dinars. These provisions constitute a
grave threat to public freedoms. The law appears as a de facto attempt
to further silence any independent voice by drawing the net more tightly
around human rights defenders, journalists, and lawyers, already
subject to constant persecution by authorities. These new financial
measures legitimize the Tunisian Government's desire to monitor, limit,
or even prohibit funding of NGOs. The most flagrant example2 took
place in August 2003, when EU funds earmarked for the Tunisian
Human Rights League (LTDH) were blocked on fallacious legal
grounds.
The ease with which defenders and terrorists are lumped together
makes this law all the more dangerous. In this regard, let's recall the 
statement
made in October 2003 by Tunisia's representative at the 34th
session of the African Commission on Human and Peoples' Rights,
which labeled the LDTH an «illegal terrorist organization».

- Repression of movements, civil society and freedom of expression
Repression of anti-war movements (p281)
In Tunisia, over 20 participants were wounded and 12 detained for
questioning in Sfax, during the violent repression of a demonstration
organized by the unions, NGOs and opposition parties on 16th February.
On 22nd February, five trade unionists were hospitalised and seven
members of the Committee of Solidarity with Iraq and Palestine were
detained for questioning during a demonstration in Gafsa. In Kébili,
police questioned the chairman of the LTDH section after informing
the regional authorities of the section's decision to organize an 
anti-war
demonstration on 13th March 2003. Similar scenarios took place in
Sousse and Bizerte.

Repression of civil society movements in favour of the defence of human 
rights (p282) :
In Tunisia, human rights activists and lawyers who tried to assemble
to protest against the numerous violations of the rule of law in Tunisia
were also subjected to systematic and usually violent repression9. In
addition, on 3rd June 2003, union leaders and teachers in secondary 
education
were attacked by police officers in civilian dress, when they took
part in a protest meeting in front of the Ministry of national education
and vocational training. Several unionists have been ill treated, 
including
Mr. Taïeb Bouaicha, Secretary General of the union, and Mr. Sami
Tahri, unionist, who has been seriously injured.

- Obstacles to freedom of association (p283)
The situation is very similar in countries where NGOs are subject to
a regime of declaration, since application receipts are issued in a 
particularly
arbitrary fashion. In Tunisia, out of 2,000 associations officially
listed, less than a dozen are actually independent from the Government.
Among the latter, the Tunisian Centre for Independence of
Justice (CTIJ), the Association Against Torture, the National Council
for Freedoms in Tunisia (CNLT), and the International Association for
Support of Political Prisoners, are still awaiting official recognition 
so
that they can legally exercise their activities.

- Action taken at international and regional level
The United Nations (p285)
The Special Representative of the UN Secretary General on Human
Rights Defenders, Hina Jilani, who had requested an invitation from
the Egyptian and Tunisian authorities in 2002, has not received any
response to date.
The Observatory has informed the special representative of all cases
processed. [...] The Observatory has also provided
the Working Group with additional information concerning developments
on the situation of Zouhair Yahyaoui, as a follow-up to its referral
of the case submitted to the Working Group in 2002.

African Commission on Human and Peoples’ Rights (p286)
During its 34th session, in November 2003, the African Commission
on Human and Peoples' Rights adopted a mechanism of protection, by
creating a «focal point» on human rights defenders16. The situation of
specific defenders in Algeria, Egypt, Tunisia and the Western Sahara
can now be monitored using through this mechanism.

World Summit on the Information Society (p287)
During the first phase of the World Summit on the Information
Society in Geneva (10th-12th December 2003), the Observatory drew
the attention of the International Telecommunications Union and the
international community to the serious violations suffered by human
rights defenders in Tunisia, and the serious attacks on freedom of
expression in this country. In this context, the Observatory expresses 
its
concern about the second phase of the Summit, scheduled to be held in
Tunis in 2005, and attaches great importance to the participation of all
representatives of Tunisian and international civil society.

- By country, Human Rights Defenders Harassed : Tunisia (p318-329)

* Harassment of LTDH and its members

Legal proceedings :

At the end of 2003, the Tunisian Human Rights League (LTDH,
Ligue tunisienne des droits de l'Homme) was the object of examination
by magistrates and open complaints on several occasions targeting the
League itself, its sections, officers and some of its members.
Trial of the Steering Committee of LTDH :

The appeal to quash the proceedings against the LTDH Steering
Committee, following its 5th congress, is still under way. On 21st June
2001, the Court of Appeal of Tunis confirmed the verdict of the Court
of first instance to cancel the proceedings of the last LTDH congress
(October 2000), on the basis of a complaint lodged by four members of
LTDH, supporters of the Democratic Constitutional Party
(Rassemblement constitutionnel démocratique -RCD, party in government).

Legal proceedings against LTDH sections :

Gabès Section: following brutal police intervention on 19th October
2002, the congress of the Gabès Section was banned. It did nevertheless
take place on 1st December 2002, but a participant lodged a complaint
to have the proceedings cancelled. This cancellation was confirmed
by decision of the court of first instance in Tunis on 12th May 2003.
The League appealed against the verdict.
Korba and Kébilia Sections and of Hammam-Lif Ez-zahra and Radhès:
the LTDH was the object of summary judgements, on 29th November
and 20th December 2003 respectively, aiming at cancelling the general
assemblies of these sections on account of refusal by certain RCD 
members
to merge with the sections of Korba and Kébilia and of Hammam-
Lif Ez-zahra and Radhès. The question of substance, to be examined
by the Court of first instance of Tunis, is outstanding as of end 2003.
Sfax Section: On 18th January 2003, four members of the LTDH section,
RCD members, lodged a complaint against the League which had
convened a congress for 1st and 2nd February in order to set up a second
section in Sfax. On 30th January 2003, the judge in chambers decided to
stay the committee's decision to hold a congress, this judgement is to 
be
confirmed by the Court of first instance in Tunis.
Monastir Section: the appeal proceedings in the matter of confiscation
of the premises of the Monastir Section are still under way. In 2002, 
the
owner of the premises of the section obtained cancellation of the 
tenancy
contract which had just been signed with the LTDH, stating that she
(the owner) was not in full possession of her faculties at the time of
signing. The LTDH, which appealed the decision, was able to rent another
office as from September 2003.

Obstacles to LTDH financing :

On 29th August 2003, the Director for Political Affairs of the Ministry
of Interior notified Mr. Mokhtar Trifi, President of LTDH, of the ban
imposed by the Tunisian Government on receiving the second volume
of financing granted by the European union (EU) to the LTDH, in the
context of the European initiative for democracy and human rights
(IEDDH). On 12th September, the LTDH was informed by its bank
(BIAT) that the proceeding of this second transfer «could not be made
available to the [LTDH] due to lack of necessary authorisations». To
justify this obstacle, the authorities based themselves on the measures
of law 154 (1959) and of the decree of 8th May 1922. However, the law
only concerns charity associations and «those recognised of national
interest» which is not the case of the LTDH, and the decree only
concerns money resulting from public collection. This funding was
obtained by the LTDH in April 2001 in the framework of a project
entitled «restructuring the LTDH (project B7-70/2001/3185)» and the
first phase has been completed.
By the end 2003, financing designed to the LTDH were still frozen.
On 9th January 2004, in reply to a question in parliament concerning
financing by the EU of independent NGO in Tunisia, the
Commissioner for Foreign Affairs of the European union,
Mr. Christopher Patten, stated that the «European commission raised
the question with the Tunisian authorities» and that they had «explained
that law [154] is indeed applicable to all Tunisian NGO receiving
foreign financing», but that «in a spirit of tolerance and 
conciliation» it
had not been applied to the first payment by the Commission in the 
framework
of this project. Moreover, the authorities recalled that the
LTDH had been the object of a court decision concerning its activities
in preparing its forthcoming general assembly and re-election of its
bureau. The Commissioner stated that «without passing any judgement
on the legal basis mentioned by the Tunisian authorities, the
Commission was in favour of a political solution to this problem».

Legal proceedings and harassment of officers and members of the LTDH :

A complaint was lodged on 28th December 2002 against Mr. Hamda
Mezguich, member of the Bizerte Section, by a member of the LTDH,
RCD supporter of the Jendouba Section, for acts of violence during the
Jendouba Congress (September2002). The proceedings are still under way.
On 26th April 2003, M. Néji Marzouk, publisher, member of the
Steering Committee of the LTDH, was ordered by security agents to
leave the 2003 Book Fair where he had a stand. He was not allowed to
attend the Opening Ceremony of the Fair with the Head of State.
Mr. Anouar Kousri, vice-President of LTDH, is still subjected to
harassment (surveillance of his house, his office and followed wherever
he goes) and his clients are still being subjected to intimidation to 
try
and discourage them from employing his services as a lawyer.
Legal proceedings against Mr. Mokhtar Trifi, and Mr. Slaheddine
Jourchi, first vice-President are still under way. They have both been
accused of «circulating false information» and «of not respecting a 
court
verdict» in March 2001 and December 2000 respectively.
The appeal of Mr. Khémaïs Ksila, Secretary General and obliged to
stay in exile, sentenced in absentia to 10 years prison and a fine of 
10,000
dinars following accusation under ordinary law, is still outstanding.

* The CNLT and its members are being targeted

Obstacles to freedom of assembly :

The National Council for Freedoms in Tunisia (CNLT, Conseil
national des libertés en Tunisie), has still been legally registered in
2003, despite repeated requests by its members over the last five years.
They still constantly encounter obstacles to their activities.
Meetings are more or less systematically banned and the offices in
Tunis under constant surveillance. Tunisian police have also intervened
on many occasions encircling the premises where meetings or assemblies
organised by the CNLT were due to take place, in order to prevent
them from taking place. On 24th October 2003, the CNLT tried to
organise a press conference to launch the International Campaign for
Freedom in Tunisia. Its premises were surrounded by an impressive
number of policemen who banned access.
Visiters are also frequently intimidated and it is becoming increasingly
difficult for them to come to present their case or to bear witness.

Harassment and aggression against Sihem Ben Sedrine :

In April 2003, Mrs. Sihem Ben Sedrine, then spokes-person of the
CNLT, was the target of a virulent campaign of defamation and of 
denigration
in the press. She was accused of betraying the Arab cause, whereas
she had just returned from mission in Iraq, under US occupation
since March.
Early December 2003, her car was completely trashed and vandalised,
and on 5th January 2004, Mrs. Ben Sedrine was attacked in the
street while making her way home, which is also the HQ of the CNLT.
She was knocked to the ground by an unidentified individual who
molested her, in the presence of two acolytes, Sihem Ben Sedrine was
punched several times and had her lip split and suffered many bumps
and bruises. It is believed that this attack was carried out on order 
of the
security services who keep her home under constant surveillance.
Lastly, the proceedings opened in June 2001 against Mrs. Ben
Sedrine, for «dissemination of false information likely to cause 
disturbance
of the peace» and «attacking judicial institutions» are still 
outstanding.
Mrs. Ben Sedrine was charged after being interviewed by the
Arab television channel Al Mustaqiya, in London, on the question of
torture and corruption in Tunisia.

Sentencing of Om Zied :

On 25th September 2003, Mrs. Neziha Rejiba, alias Om Zied, Editorin-
chief of the newspaper Kalima - banned by the Tunisian authorities -
and Head of communication of the Liaison Committee of the CNLT,
was summoned to appear at the Department of CustoMrs. Enquiries,
Bureau for Exchange rate crime. She was told that she was being charged
with «illegal detention of foreign currency» according to articles 6,
22, 35, 36 and 37 of the Code of Foreign Exchange. She was charged
with having handed over the sum of 170 euros to a close acquaintance
of a Tunisian political refugee the day after her return from a stay in
France.
Om Zied was summoned to appear on 28th October 2003 before the
3rd Criminal Court of first instance in Tunis. On 18th November 2003,
during a second hearing, Om Zied received an eight months suspended
prison sentence and was fined 1,200 Tunisian dinars.
The Observatory appointed an observer to the two hearings of her
trial following which the political nature of the charges became quite
clear. In fact, the sum of money brought back by Om Zied had been
declared to the Customs. Services. Moreover, the lawyers for the defence
referred to article 36 of the enabling acts of the Code of Foreign
Exchange of 1977, according to which Tunisian residents who bring
back foreign exchange have seven days within which to exchange this
money for Tunisian dinars.
The appeal hearing was scheduled for 31st December 2003, but has
been postponed until 25th February 2004.
Om Zied is moreover victim of harassment and intimidation on a
regular basis in particular on account of the criticism and articles she
writes in her newspaper and for her public stance on foreign TV 
channels.
Her home is under constant surveillance by a team of un-uniformed
policemen who keep up a barrage of provocation to her sons. Her
mail is also opened and sometimes confiscated. Her telephone line is
constantly tapped and frequently cut to prevent her from communicating
with foreign media.

Harassment of several members of CNLT :

Mr. Abderraouf Ayadi, lawyer and Secretary General of CNLT, is
still the victim of constant harassment at his office, his home and 
during
visits elsewhere, and his clients are kept under surveillance. Mr. Nejib
Hosni, spokes-person of the CNLT, is also subjected to such pressure,
as well as Mr. Hedi Manai and Mr. Said Mechichi, respectively former
and current officers of the Jendouba section of CNLT.
The legal proceedings against Mr. Omar Mestiri, former Secretary
General of CNLT and Dr. Moncef Marzouki, former spokes-person, are
still under way. Mr. Mestiri and Mr. Marzouki were charged in 1999
with «disseminating false information» and «maintaining an unrecognised
association».
Mr. M'hamed Ali Bedoui, brother of Dr. Moncef Marzouki, was banned
several times from leaving Tunisian territory although he has a
«Schengen» visa and a valid passport and has not been the object of any
legal proceedings. For several years now, Mr. Bedoui has been subjected
to systematic harassment and acts of persecution which have led to
his becoming unemployed and being unable to leave Tunisia.
Mr. Abdelkhader Ben Khemis, leading member of CNLT from 2001
to 2003 and founder of the chemistry laboratory in Monastir, has been
obliged to give up his functions on account of the recurrent obstacles 
to
his professional activities. His request for his functions to be 
prolonged
was in fact refused when he reached retirement age.

* Right to strike by lawyers called to the Bar called into question

On 8th July 2003, the Court of Appeal of Tunis handed down its verdict
in the case involving six lawyers, RCD members (party in government)
and the Bar association. According to the verdict, the plaintiffs
were entitled to request retroactive cancellation of the strike called 
by
the Bar Association on 2nd February 2002, on the grounds of «illegal 
strike».
The strike was called to protest against the many irregularities
occurring in the trial of Hamma Hamami, leader of the communist workers'
party of Tunisia (PCOT) and against acts of violence perpetrated
against observers and lawyers on that occasion.
The Observatory appointed an observer to four of the five hearings
of the trial, jointly with the International Commission of Lawyers and
Avocats Sans Frontières - Belgique. The plaintifs maintained that their
«right to work» had been trampled, whereas lawyers close to power who
had not wanted to participate in the strike movement had not been 
prevented
from exercising their profession on 7th February 2002.
The verdict on 8th July constitutes a worrisome precedent. The Bar
Association is henceforth prevented from calling a strike- a right which
exists in the Tunisian Constitution - and lawyers can henceforth be the
object of disciplinary action in the event of strike.
This verdict clearly intends to rein in an overly independent Bar
Association. With its election methods, commitment to defending 
individual
liberties, in particular the fight against police violence, torture
and malfunction of the legal system, the Bar association indeed is one
of the last bastions against arbitrary decisions in Tunisia.
This verdict comes on top of all the pressure exerted on members of
the Bar Association. By way of example, a delegation headed by
Mr. Bechir Essid, President of the Bar, and consisting of members of
the Bar and the Association of Young Lawyers was prevented on 26th
March 2003, from having access to the Iraq Embassy to express its 
solidarity
with the Iraqi people.
On 21st April 2003, an assembly which the Bar Association was to
organise in front of the Ministry of Justice and of Human Rights in 
protest
against the refusal of the Ministry to reply to their demands concerning
their moral and material situation, was banned by the police which
surrounded the Law Courts in Tunis. The lawyers were in a meeting
with the President of the Bar Association at the Association's 
headquarters
so that the lawyers were prevented from leaving and going to the
place of assembly.
Furthermore, in the night of 10th to 11th May 2003, Mr. Bechir Essid
was attacked by members of the police force when he was going to the
Lawyers' Club to find out by these premises had been banned for
lawyers that very day.
Lastly, on 15th May 2003, Mr. Mohamed Jmour, Secretary General of
the Bar Association and Néji Marzouk, member of the LTDH Steering
Committee, were searched at the airport when they were leaving the
country on the pretext of «instructions received». Mr. Jmour was 
subsequently
searched and subjected to harassment regularly when leaving
the country, in particular on 8th December 2003, when he was leaving
for Geneva to attend the World Summit on the Information Society.

* Refusal to register the Tunisian Association Against Torture and 
harassment of its President, Radhia Nasraoui

Refusal to register the Tunisian Association Against Torture :

On 26th June 2003, Mrs. Radhia Nasraoui, Chokri Latif, Ali Ben
Salem and Ridha Barakati, founding members of the Tunisian
Association Against Torture (ALTT, Association de lutte contre la 
torture
en Tunisie), went to the offices of the Governorate of Tunis, to present
documents relevant to the setting up of ALTT in order to obtain a
receipt of legal registration. They were turned back by security persons
at the entrance and were refused access to the relevant bureau.
The ALTT, whose creation was announced on 26th June, the United
Nations International Day for Support to Victims of Torture, has as its
mandate the promotion of local legislation to protect victims from 
torture,
identify cases and ensure follow-up, and provide support to victims
on both medical and legal levels with a view to lodging complaints
before national and international bodies.

Harassment and aggression against Radhia Nasraoui :

On 16th April 2003, the offices of Mrs. Radhia Nasraoui were surrounded
by about 40 members of the political police. Mr. Béchir Essid
and Mr. Mohamed Jmour, who went there were refused access to her
offices.
On 13th July 2003, Mrs. Radhia Nasraoui was attacked by un-uniformed
policemen on her way to a reception at the Tunisian League of
Free Writers, an unrecognised association, on the occasion of the second
anniversary of the association. When Mrs. Nasraoui and and Mr. Jalloul
Azzouna, writer and President of the League of Free Writers, went
through the impressive police barrage designed to prevent the reception
from taking place, Mrs. Nasraoui was pushed against a wall then
struck violently by policemen. Mr. Azzouna, who tried to defend her
was mishandled in the fray. Mrs. Nasraoui, who suffered bruising to her
arms was off work sick for six days
By end 2003, there had been no follow-up to the complaint which
she had lodged with the police services.
On 15th October 2003, Mrs. Radhia Nasraoui started a hunger strike
in protest against the systematic obstacles she encountered in the 
exercise
of her profession as a lawyer and of the constant harassment to
which she, her family and her clients were subjected over the years. In
fact, the several years her house was under constant surveillance by the
police, her telephone tapped, and her mail intercepted. Similarly her
clients were subjected to very strong pressure to discourage them from
employing her services.
The Observatory appointed two solidarity missions to support
Mrs. Radhia Nasraoui, from 7th to 10th November and from 28th to 30th.
On 10th December 2003, Mrs. Radhia Nasraoui announced during a
press conference that she was going to stop her hunger strike.
Mrs. Nasraoui appeared very weakened having lost 16 kilos.
At end 2003, her home is still under surveillance. Mrs. Nasraoui has
nevertheless managed to attract the attention of many representatives
of the international community and of the media to the many serious
violations of the law by the State and of violations of human rights in
Tunisia.

* Harassment of Mr Mohamed Nouri

On 18th July 2003, Mr. Mohamed Nouri, President of the
International Association for solidarity with Political Prisoners 
(AISPP,
Association internationale de solidarité avec les prisonniers 
politiques),
found his home surrounded with a massive police barrier through an
entire day when he returned from Switzerland.
On 5th December 2003, Mr. Nouri's office was surrounded by policemen
to prevent a press conference from taking place. Representatives
of civil society, including the Dean of the Bar Association of Tunisia,
had made a plea to denounce the dramatic situation of political prisoner
in Tunisia, in particular those in Borg el-Amri, who were on the 34th 
day
of their hunger strike.
On 9th December, he was prevented from leaving Tunisian territory
to go to Geneva.

* Detention and release of Zouhair Yahyaoui

M. Zouhair Yahyaoui, founder and moderator of the internet site
Internet TUNeZINE devoted to fundamental liberties in Tunisia, held
in detention since 4th June 2002, was freed on 18th November 2003,
thanks to national and international mobilisation.
Mr. Zouhair Yahyaoui was arrested on 4th June 2002 and sentenced
on 20th June 2002 by the Court of first instance and then in appeal on
10th July to 2 years prison for «disseminating false information» 
following
a trial at which the Observatory observed and considered to be
unjust. The Observatory had informed the United Nations Working
Group on Arbitrary Detention of his case on 27th August 2002.
Mr. Yahyaoui left prison in a extremely weakened physical state on
account of the precarious and degrading conditions of his detention. In
particular, he lost all his teeth, as well as having lost a lot of 
weight.
In 2003, Mr. Zouhair Yahyaoui undertook three hunger strikes to
protest against his sentence and the conditions of his detention. In 
addition
to the degrading conditions on the physical level (crowded prison
cell, extreme heat, no access to medical care, etc.), Mr. Zouhair
Yahyaoui was subjected to persecutions, humiliation and punitive 
measures
by the prison warders. These measures were stepped up particularly
after the solidarity assembly organised on his behalf in front of the
prison at Borj El Amri on 6th February 200365. From that time on, food
which was sent to him by his family was regularly stolen and what he
did get was deliberately dirtied by the prison warders. All reading 
matter
was banned, his correspondence was confiscated and his daily walk
banned. Mr. Yahyaoui was also put in the solitary confinement without
food for two days following protests by his family about the conditions
of visits. These punitive measures were stepped up again just before his
release.
On 4th June 2003, his fiancée, Ms. Sophie Piekarec, a French citizen
and new moderator of TUNeZINE, was refused entry to Tunisia.
Mrs. Sophie Piekarec wanted to visit Zouhair's family, one year to the
day after his arrest, she also wanted to meet with the French
Ambassador in Tunis.

* Harassment of members of RAID

Mr. Fathi Chamkhi, spokes-person of the Assembly for Alternative
International Development (CNLT, Conseil national des libertés en
Tunisie) RAID - ATTAC/Tunisie, Rassemblement pour une alternative
internationale de développement), was attacked by a guard of the 
university
police on 28th February 2003 in front of the Faculty of Arts of La
Manouba (near Tunis), where he teaches. Subsequently, police from the
nearby police station subjected him to harassment.
Mr. Sadri Khiari, founding member of CNLT and member of RAID
was able to leave Tunisia in May 2003 and now lives abroad. Mr. Khiari
had been banned from leaving Tunisia since July 2000, on the grounds
that he was the object of legal proceedings, whereas he had never 
received
any information about these legal proceedings.

* Refusal of passport and smear campaign against human rights activists

Government-organised smear campaigns in the so-called independent
press (and described as «the gutter press» by defence associations)
have continued persecuting Mrs. Khedija Cherif, vice-President of the
Tunisian Association of Democrat Women (ATFD, Association tunisienne
des femmes démocrates), Mrs. Souhayr Belhassen, vice-
President of LTDH, Mrs. Sihem Ben Sedrine, member of CNLT and
director of the internet magazine Kalima, Mrs. Bochra Bel Haj Hamida,
ex-President of ATFD, Mr. Mokhtar Trifi, President of LTDH,
Mr. Omar Mestiri, member of CNLT, Mr. Khémaïs Chammari, ex-vice
President of LTDH and member of the Committee for the Respect of
Human Rights and Liberties (CRLDHT, Comité pour le respect des
droits de l'Homme et Libertés) forced into exile, Kamel Jendoubi,
President of the Euro-Mediterranean Network for Human Rights
(REMDH, Réseau euro-méditerranéen des droits de l'Homme) and of
CRLDHT. Mr. Jendoubi, now living in France, is still deprived of his
Tunisian passport.