WRITTEN QUESTION E-1845/02

by Marco Cappato (NI) to the Commission

(28 June 2002)

Subject: Case of the Tunisian citizen Zouhair Yahyaoui

On 4 June 2002, Zouhair Yahyaoui was arrested by the Tunisian police. He was seized by plain-clothes policemen (who did not identify themselves) and was escorted to his house where, although they held no search warrant, the policemen proceeded to confiscate personal computer equipment. Yahyaoui is the webmaster of the site www.tunezine.com, which features two on-line discussion groups and a daily newsletter. The site publishes articles and disseminates information on the political situation in Tunisia, the hallmarks of which are a lack of freedom and the silencing of all voices opposed to the country's ruler, President Zine Bel Ali.

On 13 June 2002, Yahyaoui appeared for the first time before the Court of First Instance in Tunis and was accused of spreading false information and of theft. For each of these offences he risks up to five years in prison. The trial will resume on 20 June, although his lawyers have still not been authorised to meet their client.

Has the Commission formally requested clarification regarding this matter from the Tunisian Ambassador? If not, why not? If so, what replies has it received?

What action does the Commission intend to take in order to persuade the Tunisian Government to ensure that the Tunisian authorities uphold freedom of speech and the right to a fair trial in the case of Zouhair Yahyaoui?

What steps does the Commission intend to take in order to put an end to the constant, systematic violation of Tunisian citizens' civil and political rights, which blatantly infringes Article 2 of the EU-Tunisia Association Agreement?

Joint answerto Written Questions E-1845/02 and P-2065/02given by Mr Patten on behalf of the Commission

(26 July 2002)

The Commission is well informed by several sources about the current case of human rights violations in Tunisia, in particular the cases of Zouhair Yahyaoui and Radhia Nashraoui. In July 2002 the Commission raised in very clear terms, the problem of respect of fundamental human rights with several Tunisian Ministers and senior officials, of which the Tunisian Secretary of State to the Minister of Foreign Affairs, Mr. Youssef Mokaddem.

However the Commission also intends to explore further means of actions together with the Member States.

In addition to its more traditional diplomatic contacts the Commission holds the complementary instrument of financial co-operation with Tunisian authorities, increasingly oriented towards promoting human rights, democracy and the rule of law. Of particular relevance to this case, and of considerable long term impact, is a programme, currently in preparation, aiming at modernising the Tunisians judiciary.

In parallel Tunisia is one of 29 target countries within the European Initiative of Democracy and Human rights for the period 2002-2004. One of two main priorities defined for Tunisia is independence of the judiciary and access to justice (a call for proposals open to independent non-governmental organisations (NGOs) will be launched in September 2002).

Finally, the upcoming Association Committee (24 September 2002, in Tunis) will give the Commission the opportunity to continue its permanent political dialogue, comprising human rights and democracy, with the Tunisian government.