Former Teacher Arrested

Amnesty International (UK) issued an alert on the 18 June 2002 raising concerns about the risk to torture and disappearance faced by a former Tunisian teacher Moncef Chaker, aged 40. Police arrested Moncef Chaker on the morning of 31 May 2002, in the coastal village of Bakalta in eastern Tunisia.

There has been no news of him since, although by law he should have been brought to court or released within six days of his arrest. He may have been tortured, and continues to be at risk.

According to eyewitnesses, Moncef Chaker was arrested at the hardware shop where he works. The men who arrested him then took him to his house, where they told his family they were police officers. They searched his house and confiscated a computer, and then took him away. It is not known where they took him.

Moncef Chaker is a former teacher. In 1991, he was arrested and charged with belonging to the unauthorised Islamic movement Ennahda, a non-violent political movement, and sentenced to two years and nine months' imprisonment.

He had recently been a frequent user of the Internet, including interactive services and websites which are blacklisted by the Tunisian authorities. The Tunisian authorities exercise strict control over the use of information and communication technologies. Certain websites, including those of human rights organizations, are not generally accessible from Tunisia. In recent weeks, there has been a noticeable tightening of the control over Internet technology. Zouheir Yahiaoui, operator of an Internet service providing news on Tunisia, was arrested in Tunis on 4 June 2002. Numerous public Internet cafes were closed down on 16 June 2002, reportedly for routine inspections.

BACKGROUND INFORMATION:

Under Article 13 bis of the Code of Penal Procedure in Tunisian law, detainees may be held without charge (garde a vue) for up to three days, extendable for a further three days on the demand of the public prosecutor. After these six days the detainee should either be brought before the examining judge or released without charge. If a detainee is held garde a vue, their family must be informed, and the detainee has the right to medical examination.

In practice, the police routinely ignore these requirements. It is during garde a vue detention that detainees are most at risk of torture.

RECOMMENDED ACTION:

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

- expressing concern that Moncef Chaker, arrested on 31 May 2002, is still in secret detention;

- urging the authorities to reveal where he is held, and give him immediate access to his family and to any medical attention he may require;

- insisting that he is immediately released unless he is charged with a recognizably criminal offence, in which case he should be brought immediately before the judicial authorities, in compliance with Tunisian law and international human rights treaties ratified by Tunisia.

APPEALS TO:

Interior Minister

M. Hedi M'henni
Ministere de l'Interieur
Avenue Habib Bourguiba, 1001 Tunis, Tunisia
Fax: + 216 71 354 331
E-mail: mint@ministeres.tn
Salutation: Monsieur le Ministre / Your Excellency

Justice Minister

M. Bechir Takkari
Ministere de la Justice
31 Boulevard Bab Benat, 1006 Tunis, Tunisia
Fax: + 216 71 568 106
E-mail: mju@ministeres.tn
Salutation: Monsieur le Ministre / Your Excellency

PLEASE SEND COPIES OF YOUR APPEALS TO:

His Excellency Mr Khemaies Jhinaoui, Embassy of Tunisia, 29 Prince's Gate, London, SW7 1QG, UK or to the Tunisian Ambassador to your country.
Fax:+ 44 20 7225 2884

AND, IF POSSIBLE, TO THE FOLLOWING:

Human Rights Minister

Ministre delegue aupres du Premier ministre charge des Droits de l'Homme, de la Communication et des Relations avec la Chambre des deputes
M. Mohamed Fethi Houidi, Boulevard 7 Novembre, Tunis, Tunisia

Human Rights Organisations:

Anna Roberts, AI UK, Anna.Roberts@amnesty.org.uk

Carla Tsampiras, NEAR, carla@nearinternational.org

PLEASE SEND APPEALS IMMEDIATELY.

Alert - Tunisia