Tunisia: Arrest of brother of human rights defender

TUN 002/0799/ OBS 047
Harassment  - legal action
TUNISIA
8 July 1999


The Observatory for the Protection of Human Rights Defenders, a joint 
programme of the FIDH and the OMCT, requests your URGENT 
intervention in the following situation in Tunisia.

Brief description of the situation

The Observatory has just been informed of the arrest on Monday 5th 
July of Mr. Abderraouf Chammari, Director of the public Tourist 
Planning Board and brother of Mr Khemais Chammari, eminent human 
rights defender and laureate of the Nuremberg Human Rights Prize 
winner of 1997.

According to the information received, Mr. Abderraouf Chammari was 
given notice on Friday 2 July 1999 by the President of the Administrative 
Council of the Tourist Board, that his assignment with the Ministry of 
Public Works was at an end (the Ministry  responsible for his posting to 
the Tourist
Board). He consequently had to leave the office.

On Monday 5th July agents of the judicial police arrived at Mr 
Abderraouf Chammari's house and having formally delivered a search 
warrant they asked him to go with them. From Monday 5th July 15H30 
until Wednesday 7th July 9H30, Mr. Chammari was held at a secret 
location in the building of the Interior Ministry and then in the Military 
barracks of Boucloucha.

On Wednesday 6th July he was brought before the Procurer of the 
Republic and was presented with charges of  "defamation of the 
authorities and diffusing false news". It would appear that these charges 
relate to a statement made by three engineers on his team alleging that, 
during the course of a work meeting, Mr Abderraouf Chammari had 
criticised Mr. Mlika, the ex-Environment Minister (and nephew of the 
head of state). Mr Mlika was recently dismissed for, amongst others, 
abuse of social funds. During the same meeting Mr Abderraouf 
Chammari allegedly also criticised the entire family of the head of state.  
Mr Chammari denied all these allegations and maintained this position 
when he faced his accusers.

Mr Abderraouf Chammari's legal team were unable to attend this meeting. 
They should, in principle, be permitted to see their client on the 9th of 
July.  The first hearing of Mr Chammari's trial was supposed to have 
been set for 22 July but was postponed, without explanation, until the 
29th July. Mr
Abderraouf Chammari will consequently be held in preventative 
detention for more than three weeks.

The Observatory notes that in addition to his arrest he does not have 
access to his medicine although he suffers from diabetes.

The Observatory considers that the arrest, detention and case against 
Abderraouf Chammari are arbitrary as they aim to sanction the exercise of 
freedom of expression and take no account of the fact that he himself 
denies all the allegations.

The Observatory has every reason to believe that these actions are in 
reality simply another means of intimidating, harassing and putting 
further pressure on Mr Khemais Chammari, the brother of the accused 
and currently forced to live in exile in Europe because of his work for 
democracy and human rights. Khemais Chammari is regularly the object 
of campaigns of defamation and calumny in the government press in 
Tunisia; the house of his wife in Tunis was searched by unknown 
persons breaking and entering. 

The Observatory condemns these events which illustrate, once again, 
the Tunisian authorities policies of repression aimed at those who 
criticise the State and who struggle for respect for human rights in 
Tunisia.

Action Requested 

Please write to the authorities urging that they 

i  	immediately release Abderraouf Chammari given the arbitrary 
character of the detention;

ii	guarantee Mr Abderraouf Chammari the right to a fair trial;

iii 	take the appropriate measures to ensure that human rights defenders 
and their families are not made the object of any sort of threat, reprisal 
and discrimination because of their work for human rights conforming to 
article 12 of the United Nations Declaration on Human Rights Defenders

iv	ensure the implementation of the provisions of the Declaration on 
Human Rights Defenders adopted by the UN General Assembly on 
December 9 1998 (Declaration concerning the rights and responsibilities 
of individuals, groups and institutions to promote and protect 
universally recognised human rights and fundamental liberties ) in 
particular its Article 1 which provides that " Every person has the right, 
individually or collectively, to promote the protection and fulfilment of 
human rights and fundamental liberties at the national and international 
level. "

v.	guarantee the effective respect of fundamental human rights and 
freedoms in accordance with the provisions of the Universal Declaration 
of Human Rights and the universal and regional Pacts and Covenants 
ratified by Tunisia.

Addresses

Monsieur Ziné El Abidine BEN ALI, Président de la République de 
Tunisie. Fax + 216 1 742 513/  216 1 744 721 / 216 1 731 009 /

M Ali Chaouch, Ministre de l'Intérieur, Ministère de l'Intérieur, Avenue 
Habib Bourguiba, Tunis, Tunisie. Fax.  (+216 1) 568 106/567 070/ 

Diplomatic Representation of Tunisia in your country

Geneva- Paris, 8th July 1999

The Human Rights Action Network, a project of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old.