Tunisia: Human rights defender Mr. Taoufik Ben Brik sentenced to six months in prison

On November 26, journalist and human rights defender Mr. Taoufik Ben Brik was sentenced by the Tribunal de Grande Instance (Court of First Instance) in Tunis to six months in prison. Front Line expresses its concern at the verdict in a trial marred by several violations of the right to a fair trial.

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Taoufik Ben Brik was charged with "indecency", "defamation", "aggression", "damage to the property of others" and "blasphemy." The trial that ended today had several irregularities. For example, several human rights observers and lawyers were denied access to the court during the trial hearings. More seriously, a false record containing the 'confessions' of Taoufik Ben Brik was admitted as evidence. The court also admitted the minutes of Taoufik Ben Brik's examination, allegedly signed by the accused. However, Taoufik Ben Brik had told the lawyers that he had admitted no crime or offence, and that he had not signed the minutes of interrogation.

The treatment of Taoufik Ben Brik during his detention has also involved human rights violations. Prison authorities have restricted his visitation rights and access to his lawyers. Since 19 November 2009, the day of the hearing before the Criminal Chamber of the High Court, the prison authorities have denied family visits to Taoufik Ben Brik, despite the family's possession of a permit issued by the same prison administration which allocates visitation weekly. Since the 19 November, three of his lawyers, Mr. Ayachi Hammami, Mr Mokhtar Jallali, and Mr Chawki Tabib, have also been denied access to their client, despite possessing similar visitation permits issued by judicial authorities.

On 31 October, Taoufik Ben Brik had told Mr Ayachi Hammami and Mr Mohamed Abbou, who were allowed to visit him in Mornaguia prison, that he had been molested, abused and kept handcuffed during interrogation at El Manar station by many officers in civilian clothes, who forced him to undress completely under the pretext of a body search. In addition, police put a hood over his head during the course of the commission in court.

The charges against Taoufik Ben Brik follow the publication of numerous critical articles he had written in the international press during the election campaign. On the eve of the election rerun, Tunisian President Ben Ali announced measures "against those who issue accusations or doubts about the integrity of the electoral process, without providing concrete evidence."

Front Line reiterates its deep concern and alarm at the deteriorating situation of independent journalists and human rights defenders in Tunisia, and the significant increase in attacks, intimidation and harassment, judicial and otherwise, against them.

Front Line urges the Tunisian authorities to:

1. Repeal the decision of the Court of First Instance of Tunis because it has been marked by grave violations of the right to a fair trial;

2. Immediately and unconditionally release Taoufik Ben Brik, because his detention and the charges against him are directly related to the legitimate exercise of his right to freedom of expression;

3. Guarantee immediate family visitation rights to Taoufik Ben Brik and ensure respect for his right of access to his lawyers;

4. Ensure that the treatment of Taoufik Ben Brik during his detention conform to international standards, including the “Basic Principles for the Treatment of Prisoners, adopted by General Assembly resolution 45/111 of 14 December, 1990”;

5. Ensure that in all circumstances, human rights organizations in Tunisia can carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.