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Transitional justice in Tunisia
Published in Al-Ahram Weekly on 19 - 04 - 2012

What lies behind Tunisia's recently announced commitment to transitional justice, asks Lassaad Ben Ahmed
Tunisia's top three political figures, Mustafa bin Jaafar, speaker of the constituent assembly, Prime Minister Hamadi Jebali and President Moncef Al-Marzouqi, have announced the launch of a process of national dialogue on the treatment of those suspected of corruption under the regime of ousted former president Zein Al-Abidine bin Ali, with the creation of a ministry for human rights and transitional justice.
Since the revolution in Tunisia early last year, during which Ben Ali was forced from power and into exile, there has been debate in the country about whether to prosecute those suspected of human rights violations or corruption under the previous regime.
Prosecuting all those suspected of such crimes could take years and could also stall the political transition in Tunisia and harm national reconciliation. An alternative path, seeking apologies from those concerned for crimes committed under the former regime, together with compensation for the victims and the return of any stolen funds, could help take the country forward.
Those taking part in the reconciliation process would receive an official pardon. However, this would not apply to former regime figures charged with more serious crimes, who would still be investigated and prosecuted.
Since Tunisia is still in the early stages of its political transition, with dialogue still at an early stage, both the prosecution and reconciliation options have their supporters, with many of the families of the victims of the Ben Ali regime calling for those associated with it to be punished and refusing to accept financial compensation, particularly if they lost loved ones in the Tunisian revolution.
On the other hand, others believe that many of those who worked for the previous regime did so without necessarily taking part in corruption, and they argue that such people could provide the skills and expertise that Tunisia will need in the future.
The launch of the national dialogue coincides with reports that Belhassen Al-Tarabulsi, brother of the ousted former president's wife Laila Al-Tarabulsi, has asked to return to Tunisia from Canada following the freezing of his assets.
In a message sent through his lawyers, Al-Tarabulsi apologised to the Tunisian people for any crimes he had committed and said he was willing to stand trial in Tunisia if he was guaranteed a fair hearing, not considering himself to be guilty of any criminal actions during Ben Ali's rule.
According to the message, Al-Tarabulsi said that his wealth had been acquired in a legitimate manner and not through corruption.
Meanwhile, rumours continue in Tunisia to the effect that secret negotiations are underway behind the scenes between Jabali's government and senior figures in the former regime in order to reach an agreement on a process of reconciliation. They come after a recent escalation in the violence in the country, blamed on remnants of the former regime.
Rached al-Ghanoushi, leader of the Al-Nahda Movement that won the most seats in last year's elections to the country's constituent assembly, told Al-Ahram Weekly in an earlier interview that moves were afoot to undermine the current government, including by remnants of the former regime.
At the same time, Jebali, accompanied by minister of human rights and transitional justice Samir Dilo, paid an unofficial visit to the military prison at Al-Oweina near Tunisia's Carthage airport, where Abdel-Wahab Abdallah, Abdallah Al-Qalal and Abdel-Aziz bin Diaa, three leading figures from the former regime, are being held in detention.
No information was given about the goal of the visit, though it is believed that it was intended as part of an inspection of the conditions under which the men were being held. Jebali's visit, together with the recent announcement concerning national reconciliation and transitional justice, has also raised questions among Tunisian observers.
Is the recently launched process of transitional justice part of a "transitional deal" between the Al-Nahda Movement and the remnants of the former regime? Only time will tell.


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