Report of the first session of the public launch of the Action, 19 September 2017, Tunis.

Session 1: facilitator of the session Professor Hafidha Chekir President of the Scientific commission of the Arab Institute for Human Rights:

After presenting a summary of the facilitation of the session which mentioned what happened in Tunisia in order to defend the right to life, the ratification of the abolition of the death penalty, the lack of human rights votes to enforce the right to life in the Constitution, and the ratification of the anti-terrorism law and the death penalty, It means that efforts must be made to eliminate the death penalty in the future, and then gave the word successively to the interventions:

The first intervention of Ms. Laura Hart of Hands off Cain, in which she spoke about the application or abolition of the death penalty in the world in 2016, provided some figures: 160 countries had abolished the death penalty, while 38 continued to apply the punishment. And pointed out that the countries with the highest rates of death penalty are China, followed by Iran and Saudi Arabia. Thus, the Asian continent is the first in executions and then Africa with 38 executions and North America in some provinces, which has maintained 20 executions. Overall, what is observed in the last decade is  the decline in the number of countries that carry out the death penalty in the world, usually governed by dictatorial regimes. The struggle to abolish the death penalty is in parallel with the struggle against dictatorships and democratization. Organizations struggling to do so should not retreat to the regional and global circumstances that make it possible to turn back in light of the growing terrorism and the enactment of laws to address it. Education must play its role in changing mindsets.  The belief in the organic connection between execution and religious rulings is wrong. By the way, the name of our organization is symbolic: Cain “Kabeel” is a character in the religious stories who killed “Habeel”, and yet God commanded not to kill Cain to leave him to God. This means that pillars of religion can be found to support the right to life.

The second intervention of Professor Jamal Muslim (on behalf of Professor Jamal al-Maliki): provided a platform on the history of the death penalty and the situation that it is past and present. He presented some of the figures from 1956 (the date of independence) to date include 135 death sentences executed since that date. He referred to the efforts of the Tunisian League for the Defense of Human Rights to abandon the authority for executions and asked the President of the Republic, Habib Bourguiba, to exercise his powers to pardon the convicts. This happened only on five occasions. On the other hand, the State Security Court has been, on several occasions, set up for example the events of bread in 26 and attempted coup d’état on death sentences and executions in a short time, indicating that this punishment is usually used to get rid of political opponents. In the rule of Ben Ali, only six sentences were executed, including the execution of the murderer of Nabeul in 1990. This does not mean that the ruling back then was supporting freedoms, but seeks to give an outward appearance. On the other hand, human rights struggles allowed for the amendment of legislation. This was in 1969 and 1988, after Tunisia signed the Convention on the Protection against All Forms of Torture. Following the drafting of the new constitution, the Anti-Terrorism Law was issued under public discontent over the ugliness of terrorist crimes. This was a step backward in the defense of the right to life.

The Tunisian League for the Defense of Human Rights has struggled to abolish the death penalty and has also struggled to improve the status of prisoners sentenced to death and have been granted the right to visit their relatives. The league is exposed to counter-campaigns and distorted, in view of the growing terrorism nationally, regionally and globally, and the interaction of public opinion with this emotional savagery.

The Third Intervention of Mr. Khalid Al-Majri: The Death Penalty in Tunisian Law: He showed that he will speak from a legal point of view, although the subject requires a multidisciplinary, analytical, philosophical and historical approach based on two basic ideas:

  • The death penalty is inconsistent with the international orientation. Although it did not criminalize the death penalty but made it very exceptional, it did not apply to persons under the age of 18, persons over the age of 70, pregnant women, the right to two-stage litigation and the humane treatment of convicts. According to Tunisian law, there are 45 cases in which death sentences are applied, some of which are ambiguous. The criminalization of the death penalty is based on approximate estimates. This makes the death sentence not exceptional. This indicates that Tunisian law does not respect the standards of international law. Examples of such situations where death sentences can be sentenced were given by the speaker.
  • The death penalty is unconstitutional: the Constitution considers the right to life sacred but this has unfortunately not been respected in the current laws or in the Terrorism Act of 2015.

 

The Fourth Intervention of Ms. Mia Ben Khaled, entitled Presentation of the Regional Project and the Contribution of Civil Society to the Death Penalty abolition: She stressed that the Institute is considers the advocacy of the abolition of the death penalty from the strategic issues in spreading the culture of peace in the Arab region, which explains his support for the Tunisian coalition against the death penalty since 2007. In this context, the professor presented the project and the role of the Institute in this and its partners with a statement of the most important steps that have been accomplished in this area. The most important of these is that the project extends over three years. The partner organizations of the Institute are Hands off Cain, The Arab Organization for Human Rights, the Somali Women’s Agenda, with the support of the European Union, with the main objective of supporting measures to strengthen human rights standards and the rule of law (the state of law) in countries facing a war against terrorism and targeting many groups capable of influencing legal legislation and its applications These are the categories of officials, parliamentarians, judiciary workers, media professionals, prison workers, religious and social leaders, civil society organizations, families of victims, detainees and defendants.

As part of this project, the Institute has taken important steps, notably: organizing a round table on the subject of the abolition of the death penalty, For the first time, Arab and international researchers and experts in various fields such as law, religion, social sciences and media, together with parliamentarians and representatives of non-governmental organizations, met to raise awareness about the abolition of the death penalty in October 1995. Among the most important recommendations of this meeting:

  • Reinforcing fair trial guarantees.
  • Abolish all legal articles that state for the death penalty in political, opinion, and freedom of belief cases.
  • Enhancing asylum opporunities to amnesty.
  • Emphasizing the distinctive role of education in the promotion of awareness of fundamental rights and the preservation of the human spirit.

To sensitize the Arab countries and raise their awareness to abolish the death penalty during special meetings and seminars at the level of universities and associations, especially Egypt, Somalia and Tunisia, which are directly involved in the project as they wage a war against terrorism. To realize these recommendations, the Institute has carried out sensitization and awareness meetings on the right to life and the abolition of the death penalty Including a number of junior high schools and secondary institutes in partnership with the Tunisian Coalition against the death penalty, The Association against the Death Penalty and the involvement of civic and human rights education clubs in international meetings and events, including: an international competition entitled “Draw me the abolition of the death penalty”. The number of beneficiaries of educational activities against the death penalty in 2015 was 578 among pupils, educators. The partners are involved in this project at the following levels:

  • Strengthen the movement towards reducing or abolishing the death penalty and encouraging the suspension of its implementation in Egypt, Somalia and Tunisia.
  • To raise awareness among legal groups of the international standards on the death penalty and to enhance their capacity to interact with key issues and fair and impartial trials.
  • Promote general access to relevant information on the use of the death penalty.
  • Supporting legislative reform proposals to reduce, suspend or abolish the death penalty according to the reality of the country.
  • Gathering information on the death sentenced and conducting research on mental and physical health that affect the death convicted in custody.

Following these interventions, the discussion was opened to the attendees the most important points were:

  • Monther Al-charni Tunisian Organization Against Torture, there is a post-revolution pledge by government officials to ratify the Second Protocol on Torture and the abolition of the death penalty but not on the pretext that Tunisian society is not eligible to accept the abolition of the death penalty. What are the reasons for the decline and are there external or internal pressures? Especially since the reasons for the severity of punishment are not effective in reducing crime.
  • Mohamed Najib Abdelmaoula Arab Institute for Human Rights: How can we change the perceptions of people who see the abolition of the death penalty as a form of impunity? Although the sentence of life imprisonment is also a heavy penalty, although it is hoped that the punishment will be exceeded to address the real causes of crime.
  • Basma al-Suissi from Ibsar: Appreciated the initiative and the importance of including the subject in comprehensive educational reform. Although some believe that time is not appropriate, she sees the will as important and must be pushed in this direction.
  • Laila al-Hamrouni, a deputy in the House of Representatives, the abolition of the death penalty linked to democracy. Talked about the status of ratification of the death penalty, and what surprised her is that many leftist activists voted against the abolition of the absence of courage to face the vengeance that is subject to public opinion.
  • Sami Braham, a former member of Amnesty International in Tunisia: The death penalty is the punishment in which punishment can not be avoided, and no judge can assert that a person is full of the will to kill and clues are all functional. The issue is subject to public mood, and the solution in its appreciation is to spread the culture of holiness of life and educational entrance is the best in this context.
  • Hashemi bin Faraj is a member of Amnesty International: Mentioned some dates 2007 – 2008, which was initiated by deputies in the Parliament under the rule of tyranny to submit a bill to abolish the death penalty and rejection of the project was submitted for the second time in 2009.
  • Al-Habib Mersit: He mentioned a campaign before the elections to abolish the death penalty and was aimed at convincing political parties in their electoral programs. But the parties did not have the courage to do so. Even President Marzouki and Chairman of the Constituent Assembly Council, Mustafa Ben Jaafar, despite their legal history, refused to step in the direction of abolition. The Tunisian General Union of Labor and the clergy are the parties that are hindering the change of mindsets in this area.

Replies:

  • Elisabetta Zamparutti There is a difference between the right to abortion and the abolition of the death penalty, and the alternative to the death penalty is not necessarily life but a change in the circumstances leading to the crime. Courts and changing the law are an effective way to abolish the death penalty.
  • Professor Khalid Al-Majri: enumerated the areas in which the problem was raised and considered that the strategy of abolitionists must be based on a clear demand not to stop the implementation of the death penalty, but to change the laws and abolish the death penalty.
  • Professor Jamal Musallam: The abolition of the death penalty, the accumulation of good experiences, the betting on education, the embarrassment of politicians, and the dialogue with them on the “right to life.” More organizations must be involved in supporting the abolition of the death penalty must be continued .
  • Professor Mia Ben Khaled: More emphasis on the educational aspect in combating violence against children and more sensitizing on the holiness of life.

On these responses the morning session was adjourned.