By Kevin Kim
Impunity Watch Reporter, Middle East

TUNIS, Tunisia – Amnesty International is calling on the international community to communicate the Tunisian authorities to end the human rights violations on the 20th year anniversary of President Zine al-Abidine Ben Ali’s rule. During his 20 year tenure, Tunisia has been accused of various human rights violations including arbitrary arrests and detentions, torture and other ill-treatment, unfair trials, harassment and intimidation of human rights defenders and curbs on freedom of expression and association. Amnesty International believes Tunisia’s positive economic performance should no longer excuse the country from violating human rights.

Most recently, a Tunisian court jailed a former Guantanamo Bay detainee for three years on terrorism charges. Although Lotfi Lagha, who spent his last five years in the detention center at the U.S. Navy base in Guantanamo, Cuba, insisted that he has never been involved in any terrorist activity, the 40-year-old was found guilty. It is also alleged that he was mistreated by the Tunisian authorities while in detention after being sent home. In addition to Lagha, eight detainees who remain at Guantanamo have been convicted in Tunisia of crimes in absentia.

Additionally, and unfortunately for Lahga and many others, discussion of human rights in the media is taboo under Ben Ali government. The government tightly controls the press and broadcasting, and journals are screened by the authorities before publication. And those who undertake coverage of sensitive topics are subject to harassment and intimidation like journalist Slim Boukhdir, whose passport was taken away since 2004.

Moreover, even though Tunisia’s online population has grown dramatically in the past seven years, freedom of expression is nowhere to be found as Internet monitoring is omnipresent. In 2005, Mohammed Abbou was sentenced to three years in jail for a blog he wrote comparing torture in Tunisia to the U.S. abuse of Iraqi detainees at Abu Ghraib prison near Baghdad. Some rights group claim Tunisia’s internet policies “among the most repressive in the world.”

Amnesty International claims the human right situation in Tunisia has significantly deteriorated since the introduction of the 2003 anti-terrorism law. The organization believes the law’s vague definition of terrorism has been used by the Tunisian security forces to perpetuate crimes against humanity.

For more information, please see:

Amnesty International – Human rights briefing for 20th anniversary of President Ben Ali’s rule – 2 November 2007

Bloomberg – Tunisia websurfers learn criticism of leader ‘cannot be found’ – 2 November 2007

AllAfrica – Journalist goes on hunger strike after being denied passport – 2 November 2007

Reuters – Tunisia jails ex-Guantanamo prisoner for 3 years – 24 October 2007

BBC News – Country profile: Tunisia – 9 October 2007

The top aide to Iraq’s Finance Ministry, Qutaiba Badir al-Din Mohammed, was gunned down along with his driver in Baghdad.  The government has not commented on the death.

Also in the northeast province of Diyala,  10 people were killed.  The fighting arose through clashes between insurgents and policemen and the 1920’s Revolution Brigade.  The fighting claimed an eight year old child and women as collateral damage.  The victims were killed in seemingly random acts of violence.  For example, a policeman was killed in a drive by shooting.  Also, a bomb killed three people including a young child.

Associated Press- Iraqi Official Gunned Down in Baghdad- 4 November 2007

By Vivek Thiagarajan
Impunity Watch Senior Desk Officer, Middle East

BAGHDAD, Iraq- On Tuesday, the Iraqi government proposed legislation to remove immunity for independent government contractors like Blackwater USA.  This draft law would overrule the Order 17 by L. Paul Bremer on June 27, 2004, which gave all private contractors and others associated with Bremer immunity from Iraqi law.

Bremer was the Director of Reconstruction and Humanitarian Assistance for Iraq and Administrator of the Coalitional Provisional Authority.  In essence, he was the top U.S. official in charge of Iraq and reported to the U.S. Secretary of Defense until the handover to the Iraqis for self governance.

The act, if passed, would only apply to future acts.  It probably will make the hiring of government contractors such as Blackwater USA much more difficult, because of the contractors’ reluctance to be held to Iraqi law.  Blackwater USA and other contractors were specially utilized because of their different rules of engagement, which typically allowed them more discretion when facing hostile situations than the official military.  However, this incentive will be dropped because the contractors will be held at higher standards by the Iraqi government than the official U.S. soldiers.

The U.S. government, however, may try to extend the immunity to the government contractors.  Since the legislation is not retroactive the lift on the ban could not apply to the Blackwater USA agents involved in the September 16 shooting where 17 Iraqis were killed.  If those agents acted wrongfully the conduct would fall under the jurisdiction of the United States.  However, it will be difficult for a fact finder to hold the agents liable because most of the agents who testified were granted immunity for those actions.  Concurrently, Blackwater’s owner maintains that his company was justified in their actions on September 16, and Blackwater not guilty of any wrongful misconduct.

Every government must show a firm commitment to protect its citizens.  This law lifting immunity for contractors is necessary for the Iraqi government to show its willingness to protect its citizens irregardless of outside pressures.  Although the immunity ban would not be retroactive, if enforced, it can set a clear precedent of greater protection for Iraqi civilians from future contractors.

For more information, please see:

BBC News- Blackwater men ‘given immunity’- 30 October 2007

BBC News- Iraq to end contractor immunity- 30 October 2007

Houston Chronicle (AP)- Iraq bill would lift contractor immunity- 30 October 2007

International Herald Tribune- Immunity deals offered to Blackwater guards- 29 October 2007

COALITION PROVISIONAL AUTHORITY ORDER NUMBER 17 (REVISED)- STATUS OF THE COALITION PROVISIONAL AUTHORITY, MNF- 27 June 2004