A/HRC/19/61/Add.1
independent inquiry into the accusations against him, which he assumed formed the basis of
his isolation detention regime. The Special Rapporteur welcomes the decision of the
Ministry of Justice to launch an inquiry into the circumstances of this case.
C.
1.
The way forward
Transitional Government: challenges facing the country
67. On 14 January 2011, former President Ben Ali fled the country. On 17 January 2011,
a Government of national unity composed of members of the former President’s party and
the Constitutional Democratic Rally was formed. On assuming power, the interim
Government announced the creation of two committees to advise on political and legal
reforms and to investigate corruption, as well as a commission to investigate grave
violations of human rights committed since 17 December 2010. On 27 January, after
protests demanding the removal of the agents of the former Government, the Prime
Minister announced a cabinet reshuffle and the formation of a second interim Government.
On 25 February, the Prime Minister resigned and was replaced by an interim Prime
Minister, who formed a new interim Government on 7 March 2011.
68. The current interim Government assumed its mission following decades in which the
very foundation of the rule of law and the implementation of the absolute prohibition of
torture had been absent at the judicial and executive levels. Therefore, it has come under
immense pressure to break the cycle of impunity and restore justice for past and recent acts
of torture and ill-treatment. In response, the interim Government has taken some steps
towards ensuring accountability, democratic governance and long-term reforms. However,
it faces the usual challenges of transition, and a crisis of legitimacy and leadership, as well
as public scrutiny, growing frustration, disappointment and criticism over the delayed
delivery of justice. Moreover, the “wait and see” attitude of the interim administration may
be hampering the possibility of taking bold steps to achieve justice for past abuses and
provide victims of torture with rehabilitation services.
2.
Addressing the past and restoring justice: fighting impunity and investigating torture
claims
69. The interim Government has undertaken a series of positive steps, including
considering a reform of the State security apparatus, dismantling the so-called political
police, and reviewing national legislation to bring it into line with international standards. It
has also pledged to remove legal obstacles to reopening the cases of homicide and torture of
the past and has dismissed a number of high- and mid-ranking officials from the Ministry of
the Interior and the Ministry of Justice.
70. The Special Rapporteur welcomes the announcement of the Ministry of the Interior
on 7 March that it was disbanding the notorious DSS, also known as the “political police”.
However, he notes that there is still a lack of clarity as regards the number of personnel
affected by this change, and actions to determine their possible responsibility for serious
crimes against human rights have not been made public. The Special Rapporteur was told
by officials, including the Director General of Police, that members of the former DSS have
not been excluded from the security forces but rather redeployed to other police units. He
also heard allegations and observed widespread frustration that some elements of the
security forces and former officials who may be responsible for violations of human rights
have not been barred from politics.
14
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