Summary

In his former capacity as Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Emmerson conducted a visit to Tunisia from 30 January to 3 February 2017 to assess the progress achieved by Tunisia in its law, policies and practice in the fight against terrorism, measured against its international human rights obligations. Despite many positive developments, the Special Rapporteur still has some concerns. In his report, he shares some observations and recommendations with regard to the abusive use of emergency legislation and powers vested in the police; the overbroad definition of terrorism in national legislation; prolonged periods of detention; the conditions of detention; the use of executive orders to restrict freedom of movement and impose house arrest without proper judicial review; allegations of ill-treatment and torture; and the use of counter-terrorism law and other legislation against journalists. With regard to the return of foreign terrorist fighters and their families, the Special Rapporteur reminds the Government that collective expulsions are strictly prohibited by international law and that it must respect the absolute prohibition against the violation of the non-refoulement principle under customary law. He recommends that the Government take appropriate measures to protect the rights of the children and families of foreign terrorist fighters returning to Tunisia in accordance with its obligations under international law, in particular international human rights law, humanitarian law and refugee law.