Front Line: Restrictions on the right to defence of Taoufik Ben Brik

In the aftermath of the sentencing of journalist and human rights defender Mr Taoufik Ben Brik to six months in prison on 26 November 2009, the Tunisian authorities continue to restrict his right to defence by limiting his access to his lawyers. The most recent instance, which followed a series of irregularities in his trial, occurred on 7 December 2009. One of Taoufik Ben Brik's lawyers, Mr Ayachi Hammami, requested the public prosecutor to grant him a permit to visit his client in prison.
The prosecutor refused to issue such a permit on the basis of restrictions imposed due to influenza A.
 However, according to the information received, other prisoners were not subjected to such restrictions.
 Following the prosecutor's refusal, a group of lawyers improvised a spontaneous sit-in outside the office of the prosecutor, at the Court of Appeal of Tunis.
 Several lawyers who were in the building at that time also participated.
After about three hours, the authorities asked Ayachi Hammami to come back the next day to receive the permit requested.
 On 8 December, Ayachi Hammami did receive permission to visit his client.
However, when he went to Siliana prison, accompanied by lawyers Mr Mohammed Abbou and Ms Radhia Nasraoui, the prison authorities denied them access despite the permit.
 The lawyers had to leave without meeting their client.
 Taoufik Ben Brik has had his rights to visits by family and to access legal counsel severely limited since 19 November, the day of his hearing.
Since then, despite several requests, Taoufik Ben Brik has met only once and very briefly with one of his lawyers, Mr Chawki Tabib, on 2 December.
 However, the authorities prevented Chawki Tabib from discussing privately with Taoufik Ben Brik and two guards remained beside them.
 This represents a serious violation of the right to defence.
During the brief meeting, Taoufik Ben Brik informed his lawyer that prison authorities have repeatedly and falsely told him that his family and lawyers did not want to visit him.
To protest against the restrictions imposed as well as against his conviction, Taoufik Ben Brik began a hunger strike which has been lasting for eight days.
 Chawki Tabib has reported that Taoufik Ben Brik appeared very weak.
Taoufik Ben Brik was sentenced to six months in prison following a trial marred by numerous violations of the right to a fair trial and the right to a defence.
 In addition, the authorities have denied him the right to be present during the reading of the verdict of his case on 27 November.
 As previously reported by Front Line, several human rights observers and lawyers were denied access to the court during the trial hearings and a forged document allegedly containing a 'confessions' by Taoufik Ben Brik was admitted as evidence by the court, despite Taoufik Ben Brik's declaration that he had made no confessions and that he never signed the minutes of the interrogation.
 The trial against Taoufik Ben Brik began following the publication of numerous critical articles he had written in the international press during the Tunisian election campaign.
On the eve of the election return, Tunisian President Ben Ali announced measures "against those who issue accusations or doubts about the integrity of the electoral process, without providing concrete evidence."
Front Line previously reported its concerns over Taoufik Ben Brik's trial on 27 November 2009.
Front Line reiterates its deep concern over repeated violations of the right of defence of Taoufik Ben Brik by the Tunisian authorities.
The situation of independent journalists and human rights defenders in Tunisia continues to deteriorate, as documented by the significant increase in attacks against them, and in intimidation and harassment of them.
 Front Line reiterates its previous calls to the Tunisian authorities, namely to:
1. Repeal the decision of the Tribunal de Grande Instance of Tunis because the trial has been marked with grave violations of fair trial guarantees;
 2. Immediately and unconditionally release Taoufik Ben Brik, as Front Line believes that his detention and conviction are a direct result of his legitimate and peaceful work in the defence of human rights;
 3. Guarantee immediate visitation rights for Taoufik Ben Brik's family and ensure respect for his right of access to his lawyers;
 4. Ensure that the treatment of Taoufik Ben Brik while in detention adheres to all those conditions set out in the Basic Principles for Treatment of Prisoners, adopted by General Assembly Resolution 45/111 of 14 December, 1990;
5. Ensure that in all circumstances, all human rights defenders in Tunisia can carry out their legitimate work in human rights work without restrictions or fear of reprisal.