Tunisia: Understanding Conflict 2012 - Johns Hopkins School of ...

There is a case to be made that Ben Ali’s lack of repentance and the superficiality
of trying him in absentia are impeding Tunisia’s ability to move forward. However, the
opposite could also be argued—it is clear that the former President is highly unlikely to
leave his exile to actually stand trial in the near future. Trying him regardless, while
certainly less satisfying, may still have some cathartic value, while the trials themselves
are far from mere showpieces—powerful figures in the former regime are being tried and
sentenced, and there is effective action towards justice for the government to point to.
Recommendations
• Tunisia should reach an accommodation with former RCD members. Whether
or not the RCD party itself remains illegal, many of its former members are likely to
remain amongst the political elite. It is important that these individuals do not
perceive themselves as excluded from the political process, lest they become spoilers.
The media, while remaining independent, should turn away from sensationalist
coverage stigmatizing all ties to the party. Municipal elections should be held as
scheduled.
• Create a judicial review process for those claiming fraudulent imprisonment not
covered by the 2011 amnesty. Considering the long history of judicial abuse by the
Ben Ali family and the regime, the widespread use of interrogation practices that
violate human rights and the very poor conditions inmates are subjected to in
Tunisian jails, there is legitimate cause to open these cases up to review. These
individuals should not be forgotten and the general conditions of their care should be
brought up to minimum human rights standards.
• Clarify the limits to which police officers will be pursued for prosecution. It is a
matter for the Interior Ministry and the Tunisian prosecution service to decide under
what circumstances, at what levels and for which crimes under the former regime
they will pursue prosecution for police officers. However, irrespective of what those
decisions might be, it is important that they be clear and communicated clearly to the
police, not only to senior management but at all levels to reduce the impact of
ungrounded fears on police morale and behavior. Similarly, it is important that new
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