ICRC REACHES AGREEMENT ON PRISON VISITS WITH GOT

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