Verbatim report of proceedings

Thursday, 15 December 2011 - Strasbourg

13.3. Tunisia: the case of Zakaria Bouguira

  President. - The next item is the debate on seven motions for resolutions on Tunisia: the case of Zakaria Bouguira⁽¹⁾.

  Véronique De Keyser, author. – (FR) Mr President, we might ask whether the serious police errors being discussed here – involving Zakaria Bouguira and, in particular, a dozen young Moroccans attending a football final – and their excesses would have been the subject of an urgent humanitarian debate on a Thursday afternoon in the European Parliament had the problem not involved Tunisia.

Are the brutality of which the police and forces of order are guilty, the racist comments and the discrimination they displayed just an isolated act or do they extend to Tunisia’s security forces as a whole today? Is that what we should be examining? That is a question that we cannot answer here.

I should like to say two things. First of all, in this specific case it is important not only to reform the security forces, but also to punish the guilty parties. There are individuals behind this. I think that the motion for a resolution does not put enough emphasis on the impunity of individuals.

Secondly, in our contacts with the Tunisians it is also important to support in their transition ...

(The President cut off the speaker)

  Rui Tavares, author. – (PT) Mr President, the day after tomorrow it will be a whole year since Mohamed Bouazizi’s fruit cart was confiscated in Sidi Bouzid, Tunisia, and he set himself alight in front of the town hall because of the humiliation he had suffered at the hands of the police.

No one could have imagined what would happen in the Arab world within the space of a year, and what we have seen unfold before our eyes. The text that we have before us in this instance, about the case of Zakaria Bouguira, who protested against the police by testifying to an instance of police brutality, in a sense means that we have come full circle. We have come a long way in a year. That is why the Tunisian people do not call their revolution the Jasmine Revolution, but the Dignity Revolution: because over the course of a year we have gone from someone who had no other means of expression in the face of police brutality or police humiliation than self-immolation, to someone whose desire from his country’s politics is for dignity. What he wants is dignity for the citizen who protests and dignified treatment by the authorities.

As for us, this should compel us to think outside the confines of this urgent case before Parliament. It should compel us to think that in Tunisia we have probably the best example of the new wave of Arab democracy and that we, on this side of the Mediterranean, where we have crises in southern Mediterranean countries, are not making use of the demographic dynamics, nor the economic dynamics, nor the political dynamics of these countries. We are only interested in closing borders and barring refugees from entering. I believe that we should, first and foremost, rethink our European policies, as a matter of urgency. I would like to lay down this challenge here.

  Charles Tannock, author. – Mr President, my Group, the ECR, welcomes the commitments that have been made by the new Tunisian Government following the end of the Ben Ali dictatorship – a deeply corrupt regime – and particularly its cooperation with the UN in putting procedures in place to respect Tunisia’s international legal obligations and to prevent torture and in particular inhumane and degrading treatment of prisoners.

In the light of this recent commitment we must urge the Tunisian Government to do all it can to make sure that the authorities deal properly with the case brought forward by Zakaria Bouguira in a transparent manner and in line with the law. The same manner must also be used when it investigates the alleged use of torture against the Moroccan nationals implicated in the case, and we must push in this House for there to be an independent criminal inquiry into the matter.

We are aware of the challenges that Tunisia faces after holding its first free and democratic elections in this period of transition, and for this reason we believe that a reform process must be fully implemented in order to establish a stronger and lasting multi-party pluralist democracy in the long term in Tunisia, and one that is based on human rights and the rule of law, with an independent judiciary and an accountable police force and, most importantly, a free media.

We again congratulate the Tunisian people on holding the first democratic election to come forth from the Arab Spring, on 23 October. There was an EP mission observing that election, and the European Union must continue to support the Tunisian people in their clear democratic aspirations. As such, we call on the Tunisian authorities to carry on reforming the security forces and ending any climate of impunity. Tunisia has traditionally prided itself on sharing EU common values in building a modern secular society. We hope that this process will continue into the future.

  Marie-Christine Vergiat, author. – (FR) Mr President, I am somewhat surprised that we are here again today examining an urgent resolution on human rights in Tunisia.

I should have preferred the majority of this Parliament to pay more attention to this issue before December 2010. We know, as Tunisian democrats know, how silent the European Union was until 14 February 2011 on the human rights violations carried out under the Ben Ali regime.

Indeed, the first line of our resolution does not shy away from that point. Read it and you will see. However, the past is the past and it cannot be rewritten. We can only try to learn from it.

Tunisia is moving towards a democratic transition. The elections on 23 October took place smoothly. The results are there to see. We must respect the choice made by the Tunisians. We welcome the fact that the new Tunisian authorities have already signed numerous international conventions. We must help them to implement them, without interfering. Supporters of the former RCD continue to play a very active role in the administration, notably the justice ministry and the police. The serious police errors referred to here are proof of that.

We must help the new Tunisia, but we must not lecture it. Above all, Commissioner, we must not demand more of this new Tunisia than we did in the past in terms of democracy and human rights. We must pay attention to how we get our message across. I believe that that is very important.

  Cristian Dan Preda, author. – (RO) Mr President, I understand that some of our colleagues are wondering why we are discussing Tunisia. I believe that we are discussing Tunisia because we are faced with an extremely interesting issue and one which is of concern to Tunisians. In fact, we noticed it when we were present at the elections in this country. The issue concerns how quickly structures of authority can change, especially involving law enforcement agencies and the police.

Opinions were divided at the time the elections were taking place and we were talking with Tunisian citizens: some said that the police and law enforcement agencies were intimidated and too weak. Here we have the case involving Zakaria Bouguira, showing us the other side of the coin, the other view, which is aggression.

I believe that the key to this matter must be to investigate the file meticulously and punish those who are guilty of this specific incident. This will allow Tunisian citizens to gain real trust in their institutions.

  Marietje Schaake, author. – Mr President, yesterday we awarded the Sakharov Prize to leading human rights defenders from North Africa and the Middle East, and one of the awardees was Mohamed Bouazizi, whose self-immolation sparked the uprisings in Tunisia, and consequently in many other countries. The award was certainly intended and is intended to support those who continue on the long, difficult path of transition and the struggle towards free and just societies.

Zakaria Bouguira’s case does not necessarily give us cause for hope. He witnessed and filmed the abuse of power and the use of violence by the Tunisian police against Moroccan soccer supporters, and as a result he was attacked by around 20 police officers. Tunisia should do away with these Ben Ali-style practices and oppression. Besides respect for human rights, the rule of law and good governance, we are specifically concerned with the role that technologies can play. They can be used to enable free speech, freedom of the press and access to information and, as this case shows, the documentation of human rights violations. It would be a huge mistake and missed opportunity if surveillance, censorship, tracking and tracing technologies continue to be deployed against people, as happened under the Ben Ali government.

  Bernd Posselt, on behalf of the PPE Group. – (DE) Mr President, the Bouguira case tells us a lot about the situation in North Africa. On the one hand, there are repressive forces in many countries – including state apparatus and the army – which continue to try to exert force in the brutal manner to which they have become accustomed. On the other hand, there is great uncertainty among those who no longer know what is or is not legitimate and when they should or should not take action. This is quite a normal situation after the fall of a dictatorship. The other difficulty is that no one seems to know what direction these countries are taking.

The opposition movement knew what it did not want, but we do not know what the future will bring for these countries. That is why we should provide our help, while avoiding a nannying approach. It is of crucial importance for us to decide what we can offer these countries in terms of political development in a spirit of partnership, how we can help develop professional training, encourage medium-sized enterprises, collaborate on energy policy, such as solar energy and other renewable energies in cooperation with medium-size enterprises. This is where we must focus our attention. We have a wide range of tasks ahead of us. That is why we must choose the path of partnership, not paternalism.

  Raül Romeva i Rueda, on behalf of the Verts/ALE Group. – (FR) Mr President, I think the message is clear. What we can do here is to ask the Tunisian authorities to guarantee Zakaria Bouguira the right to legal proceedings that conform to international standards, so as to shed light on the serious human rights violations he has been victim to and to prosecute those responsible.

We must also ask for the same clarifications on the violations committed against the 13 Moroccans and, in any case, what we can also do is to insist, once again, on the fact that reforming the security sector and combating impunity are essential tasks that should be commenced without delay.

Only once those tasks have been completed will it be possible to establish a viable state based on the rule of law and to embark on a process of national reconciliation. We should clearly help them and support them. In any case, I believe that introducing a police force focusing on public order and control, and a police force focusing on protecting individuals and property is an essential part of the democratic transition process.

  Jaroslav Paška, on behalf of the EFD Group. – (SK) Mr President, the Tunisian people, as one of the leaders of the Arab Spring, succeeded in bringing down Ben Ali’s regime and fighting for the right to a better life.

The departure of the regime, however, was not accompanied by a change of personnel in the police and judiciary, who are carrying out their work as they were taught under the previous regime. The incident at Tunis-Carthage Airport, where Zakaria Bouguira was detained, is clear evidence of this. The building of a new and, we hope, more decent and better society in Tunisia will certainly take some time. The new administration will have to rebuild and retrain its public order and judicial authorities in such a way that the Tunisian population no longer sees them as repressive elements brutally suppressing freedom, but as state bodies that protect their peaceful life. In addition to justified criticism of failures such as the action against Moroccan fans by the Tunisian police in November, we could assist the new state by helping train police officers so that they do not commit such actions in the future.

  Monica Luisa Macovei (PPE). – (RO) Mr President, Zakaria witnessed acts of violence committed by the police against 13 young Moroccans at Tunis airport on 13 November. Since he tried to film what was going on, the police violently stopped him and took him along with the 13 young people to the police station. Once there, they were subjected to other acts of violence and intimidation. Zakaria was released after a few hours, but nine of the 13 young people remained in detention for a further eight days.

We call for an independent, impartial investigation into this case for those who were arrested and beaten. The revolution took place in Tunisia precisely to put an end to abuses by the state. The recent free elections are one of the signs of democracy, but they must be backed up by permanent measures promoting respect for human rights and freedom. The justice system and law enforcement agencies must respect the law and create a rule of law, and we must support them in this task, including financially.

  Eija-Riitta Korhola (PPE). - (FI) Mr President, Tunisia’s democratic deficit is still cause for concern. One example is the incident in November, in which a young Tunisian man tried to film on his mobile phone the violent treatment of Moroccans at an airport by the Tunisian authorities. The man had wanted to bring to the attention of the public the poor situation regarding human rights and the violent actions of the authorities, in order to promote development towards a democratic Tunisia. As a result of his attempts to portray the events, however, he too was arrested and suffered similar treatment.

After the revolution in Tunisia in late 2010 and early 2011, the country promised that human rights would improve. That has not happened, however. The authorities constantly employ needless violence, and there is no information on sentencing either. It is important to persuade Tunisia’s new Government to intervene in the situation and thus also bring about a change in the way the authorities act. Without commitment to change on the part of the government and the public sector, it will be impossible to establish a development agenda to improve human rights.

  Michael Gahler (PPE). – (DE) Mr President, in this case, we should assume, until proven otherwise, that the new regime in Tunisia is unable to control its police force as in the past. We will be able to judge whether this is genuinely the case if Zakaria Bouguira pursues legal action. It is to be hoped that a disciplinary or criminal case will be taken against the responsible members of the police. This would also act as a good general deterrent for all the rest, letting them know that they can no longer deal with the population as in the past.

We in the European Union will be making a broad offer of support to the Tunisians in our EU-Tunisia Action Plan, and it is in this context that we should allow plenty of room for a reform of the security sector.

  Lidia Joanna Geringer de Oedenberg (S&D). – (PL) Mr President, the arrest of Zakaria Bouguira on 13 November is another alarming example of the violation of human rights in Tunisia, a country which has just been freed from the dictatorship of Ben Ali. Zakaria Bouguira attempted to use his phone to video the violent clashes of the Tunisian police with Moroccan football fans. As a result, he was beaten by police and arrested. His case is all the more concerning for the international community since it occurred less than a month after the democratic elections which took place in the country. We are aware of the challenges posed by institutional transformation, and will support the country in its efforts to achieve democracy in the broadest sense of the word; however, we must strongly protest against the acts of violence and violations of human rights we are discussing today. The newly elected government should introduce the necessary reforms as soon as possible so that Tunisia genuinely becomes a state under the rule of law which respects the principles of democracy and the fundamental rights and civil freedoms which should also be enjoyed by Zakaria Bouguira.

  Norica Nicolai (ALDE). – (RO) Mr President, I believe that this motion for a resolution must be regarded by us as an early warning resolution in connection with the violation of human rights in Tunisia because, otherwise, I do not understand why we are applying double standards: we respond to Ben Ali’s authoritarian regime with a long silence and react very quickly to an issue which is still under a judicial investigation.

However, the Tunisian authorities must very clearly get the message from this incident that the rule of law is established with accountability, which means that an investigation is carried out and those guilty of genuine violations are punished because, otherwise, it will become a habit.

I hope that this resolution will sound an alarm bell for Member States as well, unfortunately, where similar issues occur and things are ignored. I hope that this resolution will sound an alarm bell too for all those who decide to control their population by means of surveillance, because Tunisia is not alone in risking to choose this path. The temptation towards totalitarianism is also present in the European Union.

  Bogusław Sonik (PPE). - (PL) Mr President, it is an alarming fact that the Tunisian law enforcement agencies use violence and violate human rights without any restraint. There can be no doubt that Tunisia must reform the law enforcement sector and the judiciary as soon as possible. They should be covered by regulations which guarantee respect for human rights and impose sanctions for their violation. Therefore, I particularly support the call for the creation of a National Human Rights Council, which would act as a guardian of international human rights standards. This institution could also examine individual complaints from citizens and investigate violations of human rights. The European Union should make the best possible use of the instruments at its disposal under the Neighbourhood Policy in order to assist the process of democratic transformation in Tunisia.

  Ana Gomes (S&D). – (PT) Mr President, I had the great privilege of being an international observer at the first free elections in Tunisia recently. I was very moved to see the great defender of human rights, Moncef Marzouki, inaugurated as President of the Tunisian Republic two days ago. I am aware that Tunisia has everything in place to take the right path towards democracy, but I am also aware that the incident of Zakaria Bouguira and the 13 young Moroccan victims of abuse shows that this is a long road, requiring great perseverance and support. In particular, the EU should provide support in relation to system reform in the security sector, for those working in the justice system, police, magistrates, judges, and those working in the Ministry of the Interior and the Ministry of Justice. The EU can make the difference by supporting the necessary reforms, and in this sense it would also be very useful if Tunisia were to consider setting up a Council of Human Rights, as this resolution requests.

  Joaquín Almunia, Vice-President of the Commission. – Mr President, concerning the individual case of Mr Zakaria Bouguira, the EU, through our delegation in Tunis, is closely following what happened with him. We are in contact with his family, and the case has been formally raised with the competent authorities: the Minister of the Interior and the Minister of Justice. A judicial procedure has finally been opened, and we will follow its development.

More generally, this case shows the urgency for Tunisia to move more resolutely towards democratic transition and ensure the independence of the judiciary, a proper reform of the security sector, freedom of the media and better democratic governance.

At the political level, the EU has expressed to the Tunisian authorities its willingness to support democratic reforms and will continue to do so in the future. We are also determined to translate these political commitments into concrete cooperation activities. With this aim in mind, an ambitious programme in support of the reform of the judiciary is currently in preparation. In addition, in response to a request from the Minister for the Interior, we are currently discussing the possibility of a peer review of the security sector as a first step towards increased dialogue and cooperation in this very sensitive sector.

In both cases, civil society will be duly consulted in the preparation of the programmes. We are also finalising a technical facility, which will allow us to support a wide range of activities in the field of democratic transition and governance.

In parallel to this dialogue with the authorities, we are reinforcing our support for Tunisian civil society. As experience has shown, in order to succeed, a democratic transition needs strong political will from the authorities but also an effective and organised civil society.

In conclusion, I would like to reiterate to this Parliament the determination of the EU to support democratic transition in Tunisia. It is in this framework that we want to have an open dialogue with the Tunisian authorities, also to express our concerns, as is the case today in terms of what happened to Mr Zakaria Bouguira.

  President. – The debate is closed.

The vote will take place now.

Written statements (Rule 149)

  Tokia Saïfi (PPE), in writing. – (FR) It is now one year since Ben Ali left power. One year on, however, we see that the practices commonly used under the old regime are still in place. We note that members of the public are still regularly subjected to many acts of violence and brutal practices on the part of the security forces, in breach of Tunisia's international human rights undertakings. The event that took place at Tunis-Carthage airport on 13 November is just one example. Zakaria Bouguira, a student, witnessed acts of violence committed by law enforcement officers against a group of young Moroccans. He filmed the scene with his mobile phone so he could broadcast it. A security guard immediately stopped him filming and he was brutally beaten. A complaint has been filed. I therefore call on the authorities to engage in a process of reform of the security sector (including the police and the judicial system), to guarantee independence of the judiciary and to guarantee freedom and independence of the press and the media. I believe that for these reforms to be accepted by the population, it must involve civil society bodies working in this area as fully as possible.

(1) See Minutes.