Human Rights Watch/Middle East is writing this open letter to request respectfully that you direct your attention to the case of Mr. Kamel Masmoudi, a Canadian-Tunisian dual national who was recently imprisoned in Tunisia. On the basis of the information available to us, it appears that he has been sentenced to a long prison term for charges that are political in nature, and that this sentence followed a trial where his due-process rights were not fully respected.
Human Rights Watch/Middle East is writing this open letter to request respectfully that you direct your attention to the case of Mr. Kamel Masmoudi, a Canadian-Tunisian dual national who was recently imprisoned in Tunisia. On the basis of the information available to us, it appears that he has been sentenced to a long prison term for charges that are political in nature, and that this sentence followed a trial where his due-process rights were not fully respected.
Mr. Masmoudi, twenty-eight, was arrested on March 4, the day he was preparing to return to Montreal. On March 23, he was given a sentence of five years in prison and an additional five years of administrative supervision, on charges of being a member of the Nahdha movement, which is banned in Tunisia; meeting with members of an-Nahdha outside of Tunisia, and collecting funds for an-Nahdha.
According to observers present at the trial in the Tunis Civil Court of first instance, the sole piece of evidence introduced by the prosecution was the confession signed by Mr. Masmoudi while under interrogation. During the trial, Mr. Masmoudi apparently repudiated his confession on the grounds that it had been coerced.
Such an allegation by the defendant should have occasioned a thorough investigation by the court as to whether the confession should be admissible as evidence. However, no serious inquiry appears to have taken place. According to reports that reached us, the presiding judge permitted Mr. Masmoudi little or no opportunity to testify in his own defense and completed the proceedings in about one hour. The sentence was announced the same afternoon, with the appeal set for May 5.
In addition to our concerns that Mr. Masmoudi's due-process rights were abridged during his trial, Human Rights Watch believes that the charges for which he was convicted should not be the basis of a criminal conviction. We are aware that an-Nahdha has been banned by the government of Tunisia. However, in accordance with international treaties that guarantee the rights to freedom of expression and of association, Human Rights Watch maintains that membership in, or activities on behalf of, a political organization should be legally protected activities. Individuals should be subject to prosecution only if there is evidence linking them to acts of violence or other recognizably criminal offenses. We state this as a matter of principle that we apply to all countries, while noting that in this case, Mr. Masmoudi pleaded innocent in court to all of the charges against him.
In view of these considerations, we urge that the conviction of Mr. Masmoudi be overturned and that he be freed from prison. We thank you for your consideration and welcome your response to the concerns expressed in this letter.
Sincerely yours,
Christopher George
Executive Director
