Tunisia’s Counterterrorism Efforts – Counterproductive?

Often hailed as the success story of the Arab Spring, Tunisia’s democratic transition has encountered many challenges since 2011 including political assassinations, an attack on the U.S embassy, violent mass protests and terrorism, targeting government security forces, the military, civilians and tourists.  The latter in particular has received attention as statistics show that the greatest numbers of foreign fighters in Daesh or the Islamic State are Tunisians with over 6000 currently in Syria and Iraq and more than 5000 prevented from leaving Tunisia to join.  In addition, the Interior Ministry estimates over 700 have returned to Tunisia, with hundreds more entering undetected via Libya.  Though it cannot be said that all foreign fighters are, or will become terrorists, a strategy vacuum for rehabilitation and integration makes this more likely.  (Byman 2015)

The United Nations Office on Drugs and Crime has issued guidance for states on criminal justice responses to terrorism through the publication of a handbook.  Whilst acknowledging the need for change to adapt to the specific challenges that terrorism presents through new legislation, policy and procedures, it is absolute that this should not be at the expense of fundamental human rights.  The absence of a definition of terrorism under international law has enabled states such as Tunisia to create their own wide definitions, leading to questionable practices such as the ‘mass arrest’ of more than 1000 individuals in the aftermath of the Bardo and Sousse attacks in 2015.

The government’s response to the threat of terrorism under the leadership of President Essebsi has been controversial, from its prevention strategies to its law enforcement methods.  As such, there have been numerous calls from human rights groups about the need to respect basic rights in the pursuit of security, and in the management and minimisation of terror.  (Blank 2015)

Tunisians have been living under almost constant State of Emergency conditions since the Sousse attack in 2015.  Curfews have been imposed, large gatherings prohibited and additional powers have been given to the government regarding control of the media.  The conviction that ‘curtailed civil liberties’ are fully restored once security has returned becomes problematic when the status quo is emergency.  (Posner 2016)

During the same period, a new counterterrorism law was introduced which increased security services monitoring and surveillance powers, extended the holding period for arrested suspects from 6 days to 15, accepted closed courts and witness anonymity and introduced the death penalty for attacks which resulted in death. 

According to Amnesty International in Tunisia 15,000 people have been affected by travel restrictions; who have no access to the information regarding their ban and therefore no pathway to appeal the decision.  Restrictions on travel are seen as one of the key tools in preventing international terrorism. (UNODC)  Fighters who were successful in overcoming travel restrictions pose a potential national security threat on their return home as they are likely to be trained in using weapons and to use violence locally and/or regionally as well as acting as recruiters. (Byman 2015) 

Religion is often cited as the motivation of terrorists whilst neglecting the variety of other influencing factors.  (Crenshaw 2007) The main target of the security services in Tunisia is the Salafist community, leading to increased tensions between citizens and the government who feel their right to religious freedom is being attacked.  (Byman 2015)  High unemployment rates, marginalisation of young people and in particular those living in poorer rural areas of the country are all cited as influential factors in the rise of extremism. 

Research shows that even after the revolution there remains a high level of public mistrust of institutions, particularly the security services.   It would therefore be short-sighted of both legislators and policy makers to exacerbate this through the unequivocal prioritisation of security before human rights.  History shows that religiously motivated terror groups take considerably longer to end in comparison to other kinds of groups.  (Jones & Libicki 2008) Should Islamic State follow this trend, then Tunisia’s $255 million USD budget for counterterrorism may be conservative.  (Africa Research Bulletin 2016)

      

Inside Israel's Military Courts - visiting Ofer

Ofer - UN photograph

According to Addameer Association, there are currently 6200 Palestinian political prisoners.  Every person I have met during my short time in the West Bank has a friend or relative who has been imprisoned, often under 'administrative detention' meaning they have not been charged or tried.    Any opposition to the occupation is deemed a 'threat' to the security of Israel. Perhaps it is this alleged 'threat' that Israel feels justifies their continued human rights abuses of prisoners.

This week, I attended a trial of my friend Mohammad Alazza in 'Ofer' Israeli military court, which lies within the Ofer prison grounds on the outskirts of Ramallah.  I wasn't convinced I would be permitted entry however on reflection it is obvious that Israel's international impunity which has allowed the occupation and land theft to continue, means they no longer care who knows  the ins and outs of their mickey mouse judicial system.

Despite its close proximity to bustling Ramallah, it is an eerily quiet place.  It was 27 degrees and court attendees have to park some distance away, walking along a dusty track to pass their first security check.  A young Israeli woman looked at my passport and sent us through the metal turnstiles.  Like many of the soldiers/security staff I met, she spoke neither Arabic nor English, making the process even more confusing and obscure.  We then walked a much further distance, passing a manned watch tower, the occupying army flag flying high in the air.  

We arrived to the 'waiting room' which is effectively an over-sized bus shelter with rusty chairs and a few lockers where you should leave all your belongs and pay 5 shekels for the privilege.  At this point, I feel like I'm seeing scenes from Guantanamo prison - definitely not the 'Visit Israel', 'only democracy in the Middle East' propaganda.    There are two toilets here, one without a door.  Families wait here come winter, rain or snow.

The first waiting area

Eventually, Mohammad's name is barked over the crackling speaker.  He is a journalist and has been attending court for the same case every month for over two years, never knowing if this will be the day he is taken to prison or fined an obscene amount of money based on a case with zero evidence.  He is a joker by nature, light-hearted despite a heavy life.  However throughout the day I feel his frustration and his exhaustion with it all.

I have to leave my passport with the security staff which always unnerves me.  When we arrive to the final holding area, I'm shocked to see that 'courts' are Ikea-esque portacabins.  Two women approach us from an Israeli nongovernmental organisation, they are there acting as observers and try to keep the plaintive informed of the court proceedings, however they seem as bemused as we are.  They introduce us to an Israeli lawyer who tells us he was shot by the IDF for attending a protest in Nabi Saleh, he received compensation but there was no punishment for the soldier who was caught on film shooting him at close range.  If there is no justice for their own citizens, how can we expect it for Palestinians?

Unfortunately, my friends lawyer was unable to attend, meaning his case will be yet again postponed. However this was not before the judge tried to convince him to accept his sentence without his lawyer being present and the prosecutor recommending he goes to prison and is fined.

We are the last to leave Ofer military court that day.  We say goodbye to the Israeli woman through the caged walkway we are forced to exit through as they step into their car to return home.

The experience reminded me of being at the theatre, seeing a play I've already been to.  This 'court' is not about justice, nor security, it's about the control and degradation of the Palestinian people.  And as an added bonus, they are making money from this farcical process.

 

Mohammad reports from Aida refugee camp on a regular basis, you can check out his work here - Mohammad Al-Azza.