US embassy cable - 05TUNIS894

C O N F I D E N T I A L SECTION 01 OF 02 TUNIS 000894 
 
SIPDIS 
 
DEPT FOR NEA/MAG (LAWRENCE), H, AND DRL/PHD 
PARIS FOR ZEYA 
 
E.O. 12958: DECL: 04/29/2015 
TAGS: PHUM, PGOV, KMPI, KJUS, TS, ICRC 
SUBJECT: ICRC REACHES AGREEMENT ON PRISON VISITS WITH GOT 
 
REF: A. TUNIS 406 
     B. TUNIS 405 
     C. TUNIS 306 
     D. 04 TUNIS 1960 
     E. 04 TUNIS 707 
     F. 04 TUNIS 208 
 
Classified By: Ambassador William J. Hudson for reasons 1.4(b/d) 
 
1. (SBU) Summary:  After a year of negotiations, the GOT 
signed an agreement with the ICRC to allow prison visits. 
This is a highly significant development for the human rights 
situation in this country.  End Summary 
 
ICRC Announces Final Agreement On Tunisian Prison Visits 
--------------------------------------------- ----------- 
2. (U) The ICRC issued the following communique late in the 
afternoon on April 28: 
 
"Following a constructive dialogue, the International 
Committee of the Red Cross (ICRC) and the Tunisian 
authorities signed an agreement on 26 April governing 
the ICRC's humanitarian activities in Tunisia. 
 
"Under the agreement, the ICRC will be able to regularly 
visit all places of detention in Tunisia in accordance 
with its customary working procedures.  The purpose of 
the visits will be to assess the conditions of detention 
and the treatment of persons deprived of their freedom. 
The resulting reports will be submitted exclusively to 
the Tunisian authorities and will serve as the basis for 
a dialogue intended to ensure that those deprived of their 
freedom enjoy conditions and treatment in keeping with 
human dignity. 
 
"The visits will begin in the near future and will be 
organized by the ICRC's regional delegation in Tunis." 
 
 
Background and Scoop 
-------------------- 
3. (SBU) This agreement comes just over one year since the 
Minister of Justice announced April 20, 2004 that the GOT had 
"no objection to international organizations, such as the 
ICRC, visiting Tunisian jails, especially since the ICRC is 
known for its impartiality and independence."  04 Tunis 707 
For months local ICRC representatives and GOT officials have 
each been expressing strong optimism that the agreement would 
be concluded.  It is unclear when the first (and then 
subsequent) visits will take place, but we assume they will 
begin soon. 
 
4. (C) Deputy ICRC representative in Tunis Marc Bouvier (in 
transit to Algiers), returned poloff's call and confirmed 
that the agreement had been reached and that it included not 
only prisons but also jails and other pre-trial detention 
facilities.  (NB: Experts say the latter is where many of the 
biggest problems lie, both in terms of material conditions of 
the facilities and treatment of prisoners.  The Ministry of 
Justice and Human Rights run Tunisian prisons whereas the 
Ministry of Interior controls jails.)  Bouvier previously 
indicated that Interior has been responsible for the longest 
delays in reaching an agreement 04 Tunis 1960 however, he 
confirmed that both Interior and Justice signed off on the 
final agreement, which he said includes all the necessary 
modalities.  Bouvier said the agreement allows ICRC to visit 
prisoners in solitary confinement and includes the goal of 
the eventual elimination of that practice.  Overall, Bouvier 
summed up his feelings about the agreement with one word, 
"Relief!" 
 
Comment 
------- 
5. (SBU) The USG has raised the issue of a GOT/ICRC agreement 
intermittently since 1992, but revived efforts to encourage 
an agreement during preparations for President Ben Ali's 
February 2004 visit to Washington.  ICRC prison visits were 
one of a half dozen deliverables that former DRL A/S Craner 
asked the GOT to undertake in January 2004 (04Tunis208). 
Senior State Department officials raised it in February with 
President Ben Ali in Washington.  One month after the 
President's return to Tunisia, the GOT contacted the ICRC to 
re-open talks.  It took an entire year for the ever-cautious 
GOT to reach final agreement (again, probably because of foot 
dragging at Interior).  ICRC regional staff in Tunis have 
repeatedly thanked the USG for our assistance on this issue. 
Nevertheless, our work is not yet done: it remains to be seen 
how the GOT reacts to actual prison visits and the 
confidential dialogue with the ICRC that ensues. 
 
SIPDIS 
 
6. (U) These positive responses are extremely noteworthy.  We 
believe this development is precisely the sort of progress 
for which the USG should praise the Tunisian government 
publicly. 
HUDSON