3 - 28 August 1998

Agenda item 9

The administration of justice and human rights

Statement by the Transnational Radical Party

NGO in general consultative status

19 August 1998

Delivered by Afrim Djonbalic

Mr. Chairman,

The Transnational Radical Party considers the debate on the administration of justice as very important issue, because it is obviously closely linked with the respect of human rights and promotion of Rule of Law.

We would like to focus first on Tunisia, where the situation of justice is preoccupying, because the judiciary system is totally dependent on the political power, but at the same time it is paradoxically accompanied with the judicial formalism aiming to give the impression of an independent and fair justice.

Numerous observes and international NGOs that visited Tunisia during the last and this year noted that the justice system in Tunisia is characterised by the political procedures.

To explain this claim, we have to concentrate on four main points of interest.

The first point concerns procedures and processes that have political character. From numerous processes of this type from the last years, let's mention the ones against the former president of the Tunisian Human Rights Association, Mr. Moncef Marzouki, and against the president and vice-president of the Social Democratic Movement, Mr. Mohamed Moadda and Mr. Khemais Chammari. Today, there are about 2000 prisoners in Tunisia, condemned in the political processes, in which the fundamental rights of the defence are systematically violated.

From the current cases it is worth to focus on the process against the attorney, Mrs. Radhia Nasraoui, who is under the trial already for four months and suffers serious intimidation by the police. Another case is the one of Mr. Mohamed Moadda, who suffers intolerable restrictions of the fundamental liberties following his visit of Paris, London and Brussels, where he met some politicians, including some Members of European Parliament. These meetings were considered as an attempt to destabilise the actual regime and gave the pretext for the investigation.

We also cannot forget the sad example of the vice president of the Tunisian League for Human Rights, Mr. Khemais Ksilla. He was sentenced for 3 years in prison, confirmed also by the Court of Appeal, just because he made a public political declaration, in which he explained why he was on the hunger strike in 1997: he protested against the withdrawal of his passport because of his human rights activities. His wife is today also under the threat to be expulsed from her job, because of her husband's activities.

Another element concerning the Tunisian judiciary system is Article 307 bis of the amended procedures of the Penal Code, which, since November 1993, allows to investigate all Tunisians for such political activities in foreign countries, which are considered in Tunisia as criminal, even if such activities are not considered criminal in the countries where they were undertaken.

In September 1997 the Council of Ministers has adopted an amendment of the Penal Code considering that all contacts with the representatives of international or foreign organisations as an intention to threat the external security of the State, aiming to criticise the government, and imposed the sentence for it to12 years of imprisonment. Following the international pressure, the authorities have decided to suspend the presentation of this text in the Parliament, but there is no declaration that it is definitely withdrawn.

On the other hand, the dependence of the judiciary system consequently provides the State agents with the total impunity when they are accused for committing during their service the acts of the torture or inhuman or degrading treatment. Finally, it guarantees the impunity for the governmental press, which is the only one that does not react when the citizens, particularly the opponents and their political and private life, are marginalized in the press campaigns.

The Transnational Radical Party calls the attention of the Subcommission to this situation and invites it to undertake all the necessary steps to encourage and promote the Rule of Law in Tunisia.

Another important issue we would like to mention in this session is the administration of justice in Federal Republic of Yugoslavia. Arbitrary arrests in the prisons of Federal Republic of Yugoslavia very often end by the death. The fate of the Albanians in the prisons is best seen on the case of Mr. Rexhep Bislimi, an activist of the sub-committee of the CDHRF (Council for the Defence of Human Rights and Freedoms). Mr. Bislimi was arbitrary arrested on 6 July and was subjected to ill treatment in custody in the town of Ferizaj (his ribs were broken and his body was badly bruised). He died on 22 July 1998 in the hospital of Prishtina.

The detention, disappearance and the ill treatment of the medical and humanitarian personnel in Kosova has intensified since January 1998. One of the numerous cases is the one of Mr. Hafir Shala, the activist of the Mother Teresa Association, who was arrested several months ago and his whereabouts are still unknown. The same fate had also Ms. Zaqhrije Podrimqaku, Ms. Mevlyde Saraqi, Ms. Fatime Boshnjaku, and others...

The promises given by Mr. Milosevic to the EU representatives and other international bodies, to give the free access to the areas affected by the conflict to the observes of human rights, appear to be the empty words - the same scenario from the past, from Bosnia, where the fact-find missions were denied to confirm the atrocities and ethnic cleansing perpetrated by the police, army and paramilitary forces of Belgrade regime.

The case of Mr. Destan Rukiqi, a lawyer, is example of his own. He had the courage to report about human rights abuses in Kosova, especially in Drenica region after February conflicts. He became a "thorn in the eyes" of the current regime. Actually, he is in hospital after being subjected to ill treatment, his health conditions has deteriorated ever since.

The Transnational Radical Party therefore urges the Subcommission to encourage the Commission's Special Rapporteur on Former Yugoslavia to concentrate also on this issue in his activities.

Thank you, Mr. Chairman.