·       Lawyer Mohamed Abbou

Mohamed Abbou,  39 year old, a lawyer and member of the National Council for Civil Liberties in Tunisia (CNLT), has been arrested  on 2^nd  2 March and detained on charges of disseminating false information, libel, enticing people to break the law and publishing offences for publishing an article in August 2004 denouncing torture in Tunisia following the interest generated by images of torture practised on Iraqi prisoners in Abou Ghraib. However, it is widely believed that his arrest was linked to a recent article he wrote on Ariel Sharon's visit to Tunisia. (See : http://www.idhae.org/idhae-uk-page4.1.tun6.htm)

The Tunisian lawyer and militant of the human rights has been condemned during the night of 28^th  to 29^th April 2005 to three years and six months of  jail for publishing statements "likely to disturb public order" and for "defaming the judicial process."  In a tense climate, defence qualified the trial  of " politics for offence of opinion ".  

This verdict has been pronounced by the 4th criminal  Chamber of the court of first instance of Tunis. The Court judged the lawyer for two  distinct cases :  publication of an article on internet denouncing the torture in Tunisian  jails and complaint of a lawyer for " violence ".  He has also been condemned to two years of jail for " violence " in the second case relative to a complaint put down by a Tunisian lawyer, arguing of a physical inability of 10%.  The accused had asked for the postponement of the case. The defence didn't plead, seeing a " plot " to discredit the lawyer accused .

Abbou's arrest and imprisonment is  a violation of his right to free speech.  According to the 1998 UN Declaration on Human Rights Defenders, all persons have the right "freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms."  The important work of Tunisian human rights defenders should be recognized by the government and they should be supported rather than persecuted for their activities. 

      Additionally, the continued harassment of human rights defenders is contrary to international human rights standards and the provisions of the Tunisian Constitution concerning freedom of expression, freedom of association and assembly, freedom from torture and other forms of cruel, inhuman or degrading treatment, and freedom from arbitrary arrest and detention.

On 2 March, hundreds of lawyers gathered at the Palais de Justice in Tunis to protest against Mohammed Abbou's arrest; many of them were reportedly physically assaulted by plain-clothed police officers, including the wife of Mohammed Abbou.

·       Lawyer Faouzi Ben M'rad,

On May 3^rd 2005, a second Lawyer Faouzi Ben M'rad, was given four months for remarks he made outside a court where he was pleading a case.

"We are very concerned about the situation," US state department spokesman Richard Boucher said, AFP reports. US  State Department Spokesman told he been following this closely and have expressed concerns to the Government of Tunisia, both in Washington and in Tunis, reiterating that respect for the right to free and peaceful expression, association and assembly is an essential element of democracy.

   RECOMMENDED ACTION:

Please send appeals to arrive as quickly as possible, in Arabic, French and English, or your own language:

  expressing concern for the health of Abdelatif Bouhajila, who is being held in solitary confinement in a poorly-ventilated cell in 9 avril prison in Tunis, despite being extremely weak after more than a month on hunger strike;

  calling on the authorities to immediate release of Tunisian lawyers Mohamed Abbou and Faouzi Ben M'rad

calling on the authorities to give them free access to their family and urging  to ensure that his conditions of detention meet basic international standards. 

APPEALS TO:

President  Zine el-Abidine Ben Ali,

Président de la République,

Palais de Carthage,

2016 Carthage,

Fax : +216 71 744 721

ou +216 71 731 009

Prime Minister Mohamed Ghannouchi,

Secrétariat Général du Gouvernement,

Rue de la Kasbah,

1008 Tunis,

Fax : +216 71 562 378

Minister of Interior Hédi M'henni,

Ministère de l'Intérieur et du Développement local,

Avenue Habib Bourguiba,

1001 Tunis,

Fax : +216 71 354 331

Salutation: Monsieur le Ministre / Your Excellency

; e-mail :mint@ministeres.tn

Ministère de la Défense Nationale

Dali Jazi,

Ministère de la Défense Nationale,

Avenue Bab Mnara, La Kasbah, 1008 Tunis,

Fax : +216 71 561 804

Salutation: Monsieur le Ministre / Your Excellency

Minister of Justice and Human Rights /

Ministre de la Justice et des Droits de l’Homme

M. Bechir Tekkari

Ministère de la Justice et des Droits de l’Homme

31 Av. Bab Benat

1006 Tunis, La Kasbah, Tunisie

Fax: + 216 71 568 106

E-mail: mju@ministeres.tn

Salutation: Monsieur le Ministre / Your Excellency