CASUALTY RECORDING IN Responses to the 2010-2011 Uprising Contents

About Every Casualty Worldwide Executive Summary 1 Every Casualty Worldwide (ECW, or Every Casualty for short: http://www.everycasualty.org) is an independent, non-governmental, Recommendations 4 not-for-profit organisation based in London in the UK. Among its objects are to advance education and research in the practice of and procedures for recording the casualties of armed violence, in support Research method 6 of the principle that every life lost to armed violence should be promptly recorded, correctly identified and publicly acknowledged. 1. Introduction: the and the need for casualty recording 7 To bring this about, Every Casualty is developing an improved under- standing of the range of available casualty recording practices, along 2. International initiatives and reactions in the immediate post-revolutionary phase 9 with guidance for their implementation. This has included original 2.1 Amnesty International Delegation (January 2011) 9 research into existing casualty recording work, which is contributing towards the identification and development of standards and good 2.2 United Nations report (January – February 2011) 10 practice able to be implemented by a range of actors, including 2.3 International reactions to the formation of the National Fact-Finding Commission 10 non-governmental organisations, states, and intergovernmental organisations. 3. The National Fact-Finding Commission (Bouderbala Commission) 12 In addition to its research, ECW facilitates an international network of 3.1 Methodology 13 practitioners, the Casualty Recorders Network, and is at the forefront 3.2 Analysis and archiving 15 of integrating policy goals into existing policy frameworks at the 3.3 The Commission’s findings 16 national and international level.

Authors 4. Casualty recording and other mechanisms 18 Dr Ian Patel (main report) and Annabelle Giger (executive summary 4.1 Casualty recording and justice 18 and recommendations) 4.2 Casualty recording and reparation mechanisms 20 Date of Publication 4.3 Casualty recording and memorialisation 22 September 2015

5. The future of casualty recording in Tunisia 23 This paper is available for download at http://ref.ec/tunisia

We welcome feedback and comments on our work. Please direct all Final thought 23 enquiries about this study to Annabelle Giger, Practice Development Officer, Every Casualty Worldwide [email protected] Acknowledgements 24

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Cover photo Tunisians commemorate the third anniversary of the revolution on Avenue Bourguiba, 14 January 2014, © Magharebia, http://flic.kr/p/jfT8gC 1 | everycasualty CASUALTY RECORDING IN TUNISIA | 2

Executive summary

Following the overthrow of former president Zine El 2010 to the End of its Mandate (the Bouderbala The data collection method adopted by the Bouderbala From the outset of the uprisings, Tunisia commanded Abidine Ben Ali on 14 January 2011, Tunisia embarked Commission) contributed to the truth-seeking aspect Commission corresponded to identified good practice, international attention. However it is significant that in on a process of transitional justice designed to support of the Tunisian transitional justice process and was an as data was collected from a broad range of sources the direct aftermath of the regime’s fall several interna- and ensure a peaceful transition to democracy. A important example of how casualty recording can con- which facilitated corroboration at the analytical stage. tional organisations from civil society and the United fundamental part of this process was to uncover the tribute to national efforts for justice and accountability. Members of the Commission collected data from mul- Nations got directly involved in the discussion surround- truth about the events that unfolded as a result of tiple sources, combining documentary sources (official ing the number of those who died as a direct result of ’s self-immolation on 17 December The Bouderbala Commission was mandated to investi- documents, medical records, statement transcripts the protests: Amnesty International sent a fact-finding 2010. In the immediate aftermath of Zine El Abidine gate abuses committed during the uprising and the recorded in trials…) with information obtained directly mission to Tunisia at the end of January 2011 while the Ben Ali’s removal, the transitional government set up responsibility of State actors in such abuses. This included from individuals (through interviewing victims or rela- UN Office of the High Commissioner for Human Rights three national commissions with the purpose to the task of establishing a first list of all those who died tives of those who died). (OHCHR) sent an assessment mission and, later on in the address different aspects of the transitional justice as a result of the protests. To come up with this list, the year, its Special Rapporteur on Torture, and Other Cruel, process: one tasked with looking into reforming the Bouderbala Commission engaged in casualty record- Finally, all the data collected by the Bouderbala Inhuman and Degrading Treatment and Punishment. institutions; one with looking into issues of corruption ing: it sought to systematically record all deaths linked Commission was compiled into a national archive All these missions led to the publication of numbers or under the toppled regime; and one – which is the to the protests during the period considered through a which has been made available to other commissions estimates, some of them erroneous, which were widely object of this report – with looking into the events that methodologically consistent data collection and analysis. and institutions working on documenting deaths and circulated in the international press. caused the death and injury of many Tunisians partici- The importance of this list of “martyrs” in the Tunisian injuries after the Bouderbala Commission reached the pating in the protests, including who was killed, under transitional justice process contributes to showing how end of its mandate. This corresponds to the advised The wide interest in casualty information warrants which circumstances, and by whom: these being, in casualty recording can support justice and accountabil- casualty recording practice of keeping the records systematic and methodologically sound casualty essence, the key elements of casualty recording. ity efforts, as well as efforts of memorialisation, process- open to review and revision in light of any new informa- recording prior to the communication of any figure, as es which are central to reconciliation and stabilisation. tion becoming available. erroneous figures can be put to political ends including The current report is the first detailed case study of state fuelling further conflict, or cast doubt upon the whole casualty recording practice that Every Casualty has The main conclusions of this paper examining the Identifying, documenting and acknowledging enterprise of casualty recording, including when its published. We have chosen Tunisia because the efforts Bouderbala Commission are that: those who died is a fundamental constituent of findings are sound. made by a state-mandated commission broadly reflect Tunisia’s peaceful transition. the essential aspects of the call of the Every Casualty The Bouderbala Commission implemented a The decision to set up a fact-finding mission was taken The cooperation between the Bouderbala Commission Campaign1, in that largely successful efforts were made number of principles of good practice in its very rapidly after was removed and the OHCHR in terms of training and methodology to ensure that every casualty of the revolution was casualty recording. from power, partly as a means to appease the con- also demonstrates the commitment of the UN to sup- “promptly recorded, correctly identified, and publicly The Bouderbala Commission was set up and guided by tinuing protests and assert the will of the interim port States in their truth-seeking efforts and provides acknowledged”. Although Tunisia is not unique in this three principles that are fundamental to casualty government to recognise the victims of the revolution for further cooperation in the production of detailed respect, it is one of a relatively small number of recent recording as identified by Every Casualty2: inclusiveness and hold those responsible for deaths and injuries to casualty data. cases where the state-led process was initiated within – in theory the work of the Commission was inclusive of account. The parallel setting up of military trials were weeks of the events that caused the casualties. all members of society, providing the opportunity for all also undertaken with these intentions. Casualty recording has benefits for other justice Furthermore, Tunisia is the only state within the Middle to contribute information by availing a free telephone and accountability efforts and can be the basis of East and North Africa region to have undertaken such line, by holding consultation hours in Tunis, and by Beyond the immediate aftermath of the revolution, the cooperation between actors. an initiative in connection with the casualties of the rev- visiting each province of the country to meet those creation of additional commissions on the “martyrs” and Casualty recording can be used for compensation olutionary processes in the so-called “”. who could not travel to Tunis; confidentiality – all the injured by the newly elected National Constituent efforts for the relatives of the victims. The level of docu- Tunisia’s efforts are thus of particular regional signifi- commissioners were bound by a clause of confidential- Assembly in October 2011 indicates that among other mentation attached to the persons recorded through cance, in addition to their wider normative interest. ity, to guarantee the safety of those who contributed documentation efforts, establishing a final list of those casualty recording provides an important basis on information or were the subject of such information; who died during the uprisings was of crucial importance. which to make a claim or justify entitlement to such Transitional justice efforts typically consist of both judi- and transparency – the rough methodology adopted compensation3. In the Tunisian case, the compensation cial and non-judicial mechanisms addressing the issues by the Commission was published in the Decree-law Knowing who or how many died has been at the process started before the Bouderbala Commission of reparations, truth-seeking, individual prosecutions creating it, the composition of the Commission was centre of national and international discussions could finish its work and this has been an important and institutional reform. The National Fact-Finding made public, and a full methodology was eventually of the Tunisian uprisings and the subsequent source of challenges both in terms of truth seeking and Commission on Abuses Committed from December 17, published in the official report of the Commission. transitional justice process. reparations. Compensation was awarded to more

1 See http://www.everycasualty.org/campaign. 3 E.Minor, Towards the Recording of Every Casualty, p.7, Every Casualty, 2012, available at: 2 See the latest brief on the Every Casualty standards process at: http://ref.ec/standards. http://www.oxfordresearchgroup.org.uk/sites/default/files/TowardsTheRecordingOfEveryCasualty_0.pdf. 3 | everycasualty CASUALTY RECORDING IN TUNISIA | 4

Recommendations

people than are accounted for in the Bouderbala report, Such efforts of memorialisation are also part of the Every Casualty’s interest in the Tunisia case is primarily part of fair and legitimate compensation mechanisms, inviting criticism that people have obtained money on transitional justice process, aiming at preventing the practical. We present this report in the context of a and contribute to efforts to face and deal with the past. the ground of false claims, fuelling arguments about repetition of similar events by remembering and edu- growing international awareness of the value of casualty victimhood and causing friction between different cating future generations. Casualty recording and the recording as an increasingly rigorous professional As the primary actor in transition periods, States should parts of society4. Equally, the lack of influence of the documentation efforts of bodies similar to the Bouder- practice with multiple benefits for humanitarian, set up an independent mechanism to undertake Bouderbala Commission on the compensation process bala Commission are central to the achievement of human rights, and justice outcomes. This awareness has casualty recording in the view of fulfilling these goals, likely hindered its efforts to record all those who died or these goals. increasingly brought States, the UN and civil society or find ways to integrate casualty recording in other were injured, as this removed at least one motivation into constructive dialogue, as they seek clarity on the existing mechanisms. from many of those whose participation it sought. There is a will, within Tunisian civil society, and ways in which casualty recording may best be promot- recognised by the State of Tunisia, to further the ed and implemented. In order to maximally assist this The UN and civil society should support these efforts as The work of the Bouderbala Commission was substan- casualty recording process beyond the uprisings. process, we see our responsibility as drawing on the les- well as monitor them in order to make sure that good tiated whenever possible with court statements given The creation of the Bouderbala Commission – the work sons of the experience of Tunisia to lay out broader rec- practice principles in casualty recording such as inclu- as part of the trials being judged in the military of which is the object of this Every Casualty report – has ommendations for all actors who may collaboratively sivity, transparency, and do-no-harm are upheld and tribunals which benefited from subpoena powers become only the first step in a continuing and larger play a part in improving our knowledge of the casual- permit the creation of legitimate casualty data. lacked by the Commission. Although in this instance effort to uncover the truth and hold the responsible ties of armed violence. the findings of the Bouderbala Commission have not parties to account. New commissions have been Cooperation between multiple actors, in particular the provided the basis for additional judicial investigations, created which will have the powers to overwrite Our recommendations in this case focus on promoting sharing of their casualty data, is key to achieving com- an argument can be made for fact-finding commissions the Bouderbala Commission’s findings (see section 4). more cooperation between actors – namely States, the prehensive investigations and the creation of robust to increase their levels of interoperability with the judi- Additionally, truth-seeking – and with it casualty record- UN, and civil society – to provide for the recording of records able to be put to the purposes mentioned ciary. This argument is already being made at the inter- ing – have been extended beyond the restricted period every casualty in periods of transition or post-conflict. above, and more. national level, calling for more cooperation between of the 2011 uprisings, with a commission having been Such recording will support all aspects of the process Monitoring, Reporting and Fact-finding missions and created to investigate past abuses covering the full from justice to accountability to memorialisation to 2.Support the creation and implementation of International Criminal Courts and International Criminal period since independence (see section 5). reconciliation. The harmonisation of practice through- standards for casualty recording. Tribunals5. out all levels, nationally and internationally, will provide Every Casualty is leading a process to develop globally- Although these initiatives have sometimes proved more accurate data and records on which to base fair recognised standards for casualty recording, working Symbolic reparations were provided for in legislation confusing in Tunisia because of the multiplication of processes and discussions. in partnership with practitioners and end users of subsequent to the completion of the Bouderbala commissions with overlapping mandates, their very casualty data as well as other key stakeholders. Once Commission’s mandate (see section 4.3), which include existence points to the need and the demand by civil Specifically states, in collaboration with the UN and civil these standards are produced and accepted by all key the provision for the erection of a memorial and the society to establish truth as the basis from which to society, should: stakeholders, all relevant actors will be able to take building of a museum dedicated to the revolution. foster reconciliation within the country. appropriate steps to ensure their implementation in 1.Acknowledge and understand the important practice. These standards will help establish a baseline role casualty recording can play in transition and for producing casualty data that is recognised by all as post-conflict settings and ensure that casualty legitimate and sound, and enable increased levels of recording is consistently implemented in these cooperation and data sharing between actors. circumstances. It is clear from this study that knowing exactly who died Civil society organisations should strive to implement and in which circumstances during the 2011 uprisings these standards, as this will increase possibilities for the in Tunisia has been a central concern of the Tunisian sharing of their data and its uptake by others, con- population and has fuelled vibrant discussions around tribute to the creation of more complete records, and victimhood. Because of the importance casualty figures strengthen the impact of their work. take in public discourse, a rigorous record of such casualties is necessary. States and UN agencies should familiarise themselves 4 For more on the relationship between the definitions of victimhood and the compensation process see (in French only): with and where possible adapt these standards to their K. Andrieu, “Confronter le Passé de la Dictature en Tunisie: la Loi de “Justice Transitionnelle” en Question”, pp. 23-26, Additionally, casualty records provide documentation own work. This will greatly enhance their ability to Institut des Relations Internationales et Stratégiques, May 2014, available at: http://www.iris-france.org/docs/kfm_docs/docs/obs-monde-arabe/tunisie-justice-transitionnelle-mai-2014.pdf that can be used in further judicial proceedings, form cooperate productively with independent investigators 5 To read more on the subject see: R. Grace and J. Coster Van Voorhout, “From Isolation to Interoperability: The Interaction of Monitoring, Reporting, and Fact-finding Missions and International Criminal Courts and Tribunals”, December 2014, available at http://thehagueinstituteforglobaljustice.org/cp/uploads/publications/20141216%20Working%20Paper%204.pdf. 5 | everycasualty CASUALTY RECORDING IN TUNISIA | 6

Research method

working to these standards, as well as allow them to The State of Tunisia in particular should: This report is based on a comprehensive review of Constituent Assembly’s Commission of the Martyrs and better assess such work by others. reports and analysis on Tunisia’s casualty recording Injured of the Revolution, Yamina Zoghlami. Individuals 4.Share experience and promote good practice process with respect to the 2011 uprisings and a set of were selected for interview based on their specialised Efforts towards a greater harmonisation of practice of casualty recording in similar transitional justice semi-structured interviews conducted with stakehold- knowledge and involvement in the casualty recording across the board will improve the accuracy of casualty contexts. ers in the casualty recording process in mid-2014. process. Interviews were recorded and transcribed for records, feed into other aspects of transitional justice The prompt setting up of the Bouderbala Commission analysis with respondents’ consent. Interviewees were and other protection and peace-building issues, while to look into abuses that occurred during the protests The research methodology included thematic and given an opportunity to state that they would prefer to maximising their benefit to the affected populations. and investigation of the circumstances in which people methodological analysis of the Bouderbala Commission remain anonymous, however none of the interviewees died is already an important example of the way to report as the primary source of information on casualty stated this preference. 3.Make casualty recording an integral part of account for such violations in a timely manner. The recording relating to the revolutionary period. The transitional justice efforts. challenges that the Tunisian interim – and then elected author also reviewed a number of reports and com- In interview, respondents were asked to describe the To date, truth-seeking efforts, which are a component – government faced in this effort will prove a valuable mentary from human rights organisations and media details of their role in the process; their objectives and of any transitional justice effort, do not always entail the source of information for States in similar transition sources relating to civilian casualties and the investiga- requirements for a comprehensive casualty recording systematic recording and documentation of those who situations. tive/recording process, which are listed in the notes of process; the methodologies deployed in collecting died despite the demonstrated value casualty data this report. information, sources relied upon (including reliance on provides both directly as part of truth discovery and for Building on lessons learned from its own process, other national or international fact-finding mechanisms) other aspects of the transitional justice process. Tunisia should share its experience with other States Interviews were held in person in Tunis in September and any challenges faced in this regard; the means of and push for an active group of States to reflect on 2014. Snowball sampling was employed to select inter- analysis applied to this information and how their insti- OHCHR – as the designated agency within the UN challenges and successes to casualty recording in order views: the researcher identified an initial set of casualty tutions or organisations have acted on available infor- system6 which is responsible for policy development, to construct a body of good practice applicable to recording stakeholders, including institutional figures mation; and the possibilities for ongoing casualty standard-setting, substantive guidance, capacity-build- transitional justice efforts. More widely, Tunisia could and human rights actors, and requested that they recording in Tunisia. ing, and coordination with actors within and outside play an important role in promoting international co- recommend other prospective interviewees. Four key the UN on transitional justice issues – should consider operation with other states on the broader implemen- interviews were relied upon for this report: Taoufik The content of this report, including all analysis and making casualty recording a requirement of truth-seek- tation of casualty recording, including beyond the Bouderbala (president of the fact-finding commission conclusions, as well as any errors in fact or interpreta- ing as part of transitional justice processes. scope of its role within transitional justice. known as the Bouderbala Commission); prominent tion, are the responsibility of the author and Every human rights lawyer Leila Hadded; Faouzi Sadkaoui, Casualty, and not of any of the interviewees in this The UN should lead at the Secretary General level to Tunisia should also continue to sustain its casualty formerly of the Ministry of Human Rights and study. make casualty recording an integral part of truth seek- recording effort by finalising its findings and showing Transitional Justice; and president of the National ing efforts as required in a transitional justice process. full transparency regarding the work of the Truth and Dignity Commission which will be looking into violations over a longer period of time, sustain its collaboration with the OHCHR and ensure that all parts of civil society are involved in this process.

6 Report of the Secretary General, “Uniting our strengths: Enhancing United Nations support for the rule of law”, December 2006, A/61/636-S/2006/980, available at: http://www.unrol.org/files/2006%20Report.pdf. 7 | everycasualty CASUALTY RECORDING IN TUNISIA | 8

Introduction: the Tunisian Revolution and the need for casualty recording

On December 17, 2010, a twenty-six-year-old Tunisian Within days of Zine El Abidine Ben Ali’s flight and exile On 9 February 2011, the Tunisian Senate passed a bill The idea for a commission of inquiry had first been named Mohamed Bouazizi, a street vendor, set himself to Saudi Arabia on January 14, an interim government authorising Interim President, Fouad Mbezaa, to legis- publicly offered by Zine El Abidine Ben Ali as an attempt on fire in despair at his circumstances and in protest of was formed, largely of the dictator’s former appointees. late by decree. A sustained period of protest continued to appease protestors before his ouster. This decree is at his treatment at the hands of a local policewoman. On 14 January 2011, the same day Zine El Abidine Ben into February 2011, with protestors declaring that the the centre of the casualty recording process since it Mohamed Bouazizi's self-immolation sparked protests Ali flew to Saudi Arabia, Mohammed Ghannouchi, Zine interim government was politically unaccountable, established a national commission to investigate abus- in his home city of Sidi Bouzid. The protests quickly El Abidine Ben Ali’s prime minister, appeared on state most obviously because Mohamed Ghannouchi had es committed during the 2010 protests. Another decree spread to other areas and to the capital, Tunis. With television to announce that he was assuming the role served as Ben Ali’s Prime Minister since 1999. Protests on 2 March 2011 named Taoufik Bouderbala as the remarkable speed, the spirit of protest spread to other of interim president under chapter 56 of the Tunisian outside Mohamed Ghannouchi’s office, demanding a president of the National Fact-Finding Commission. parts of the Middle East and North Africa, including constitution. This was an attempt by the elite within change in government and popular participation in From this point onwards, the National Fact-Finding Libya, Morocco, Egypt, Syria, Yemen, Bahrain, and Zine El Abidine Ben Ali’s former party to form an interim decision-making, led to Mohamed Ghannouchi’s resig- Commission was often referred to as the Bouderbala Sudan. authority. Its immediate aim was to hand over the pres- nation on 27 February 2011. Commission. idency to Mohamed Ghannouchi, a senior figure within In Tunisia, the government responded with repressive Zine El Abidine Ben Ali’s former party who served as An unelected held office as Prime The Bouderbala Commission was one of three inves- state violence, unleashing state security forces on the prime minister from 1999 until 2011. Prime Minister Minister from 27 February 2011. Beiji Caid Essebsi guid- tigative bodies created by decree at the initiative of the demonstrators, arresting activists, and shutting down Mohamed Ghannouchi appointed himself acting ed Tunisia’s interim government until National interim government; commissions were also estab- the internet. Eventually, Zine El Abidine Ben Ali shuffled President; within hours he was replaced by Fouad Constituent Assembly elections were held. Elections lished to facilitate political reform and to investigate his cabinet and offered to create 300,000 jobs, but it Mbezaa and reverted to his position as Prime Minister. (widely received as “free and fair”) of a National corruption. All three were designed to appease the rev- was too little too late. The protests and violence contin- He declared a state of emergency on 15 January Constituent Assembly were held on 23 October 2011. olutionary public amid continued protests. Though ued, and by January 14, the president and his family (renewed in August, November and again in December Moncef Marzouqi was appointed President and Hamadi inarguably facilitating the transitional justice process, were on an airplane to Saudi Arabia. The police opened until the end of March 2012) and appointed an interim Jebali became Prime Minister in December. the establishment of these commissions, which had been fire on demonstrators with live ammunition. government. originally proposed by Zine El Abidine Ben Ali himself, Before his resignation, on 18 February 2011, Mohamed were criticised as reinforcing illiberal practices of the Ghannouchi ordered the National Fact-Finding former regime, in the sense that they were decided by Commission on Abuses Committed from December 17, decree and without broad civil society consultation7. 2010 to the End of its Mandate (Decree-law 2011-8).

Use of tear gas on protesters, 14 January 2011, ©Wassim Ben Rhouma, http://flic.kr/p/9eFUu2

7 Lamont, C. K. and Boujneh, H., “Transitional Justice in Tunisia: Negotiating Justice during Transition” Politička misao, Vol. 49, No. 5, 2012, pp. 32-49. 9 | everycasualty CASUALTY RECORDING IN TUNISIA | 10

International initiatives and reactions in the immediate post-revolutionary phase

In the immediate aftermath of the revolution, and human rights defenders and trade unionists. Delegates 2.2 United Nations report (January – February compensation, awarded to victims. For effective judicial during the period of the interim governments of 2011, visited hospitals in Kasserine, Regueb, Thala and Tunis 2011) investigations, evidence must be collected and preserved. there was much symbolic and immediate practical and interviewed medical professionals and patients The Office of the United Nations High Commissioner for The delegation noted, for example, that forensic exami- need for a clear response to the deaths of protestors. receiving treatment for injuries sustained during the Human Rights (OHCHR) sent an Assessment Mission to nations of those killed during the recent events have not Zine El Abidine Ben Ali had fled the country and could unrest. An Amnesty International delegate also met Tunisia from 26 January to 2 February 2011. The mission been systematically carried out. Such examinations are not be held directly accountable for past crimes, except representatives of the Interior Ministry and “briefly” was composed of four senior OHCHR staff, aided by the essential for the process of accountability as they help through in absentia trials. At a symbolic level, account- spoke to Taoufik Bouderbala in his capacity as chairper- UN Resident Coordinator in Tunisia13. The purpose of to determine criminal responsibility, by identifying the ability for the most recent state violence would provide son of the National Fact-Finding Commission. the mission was to explore possibilities for the advance- range of fire, the type of bullets used, and the location of at least an emblem of justice and accountability for the ment of human rights in Tunisia and to better under- the wound, among other things16. decades-long authoritarianism of the former regime. At Amnesty International’s report describes how security stand how this could be done in the new context. The the level of immediate transitional politics, a clear and forces used force disproportionately, did not exercise UN delegation enjoyed the “full cooperation of the 2.3 International reactions to the formation of accountable response to the deaths of protesters was restraint or seek to minimise injury and resorted to Transitional Government”. They met with several the National Fact-Finding Commission vital to the legitimacy of the interim government. As firearms when it was not strictly necessary, demonstrat- Ministers (Foreign Affairs, Defence, Justice, Regional and The creation of the Bouderbala Commission was Eric Goldstein, deputy Middle East and North Africa ing a “flagrant disregard for human life”. Security forces Local Development, and Education), the Secretary of generally welcomed by all the international actors who director of Human Rights Watch, commented at the fired live ammunition at protesters who did not pose a State for Youth and Sport, and representatives of the engaged in efforts to document deaths and injuries time: “Why legal accountability matters so much at the threat to the lives of the security forces or others, in some Ministry of the Interior. They also met with the chairper- during the period of unrest. The OHCHR Assessment current moment is the importance of legitimacy for the cases bystanders and protesters who were fleeing10. sons of the three national commissions, including Mission saw the creation of the Commission as “a transitional government”8. International media and Taoufik Bouderbala. positive step in [the] direction [of accountability]”; human rights bodies participated in and monitored Amnesty International did not undertake “casualty Amnesty International similarly praised the decision to efforts to establish who was killed or injured during recording” as such. It is clear from their report that their The head of the mission, Bacre Waly N’diaye, was wide- create the Commission in its February 2011 report; and protests, by whom, and under which circumstances. goal was to “highlight the pattern of human rights ly quoted by Associated Press on 2 February 2011, stat- Juan Mendez, the UN Special Rapporteur on Torture violations committed by security forces […] through ing that “his team had counted 147 deaths beside the and Other Cruel, Inhuman and Degrading Treatment or 2.1 Amnesty International Delegation (January documenting emblematic cases in cities across Tunisia 72 deaths in prison fires and violence linked to the Punishment – following a visit to Tunisia upon invitation 2011) […]”11. Casualty recording aims for a comprehensive unrest”. Thus during February 2011 Bacre Waly N’diaye’s by the interim Government in May 2011 – stated that International organisations attempted to record the and systematic documentation of all deaths in a set overall figures of 219 people killed and 510 injured he “welcome[d] the establishment of the fact-finding numbers of killed and injured during the protests them- location (e.g. Tunisia) and period of time (e.g. during the were commonly cited by international media14. The Commission, while recognising that its function is selves and in their immediate aftermath. Amnesty Inter- unrest that started in December 2010 until order was UN figures, the members made clear in their report, complementary to judiciary and should be clarified”, national reported on casualty figures during the upris- restored). For this reason, the Amnesty report provided relied on the Ministry of Justice15. already highlighting the complementarity between ing itself, claiming for example that at least 23 people no casualty figures of its own, but instead cited the fact-finding and justice. were killed during the “deadly weekend” of 8-9 January9. discrepancies between figures advanced by the interim The UN report welcomed the upcoming creation of the government, Tunisian civil society and the United Nations: Bouderbala Commission which was yet to be officially While Amnesty International welcomed the Commission, Later that month, from 14 to 23 January 2011, an announced and it also highlighted some obstacles the it also made some recommendations (broadly consis- Amnesty International fact-finding team was deployed The current caretaker government says that 78 people Commission would have to face in its recording process: tent with Every Casualty’s research and findings regard- to Tunisia. During the visit, Amnesty International dele- died during the protests, with a further 100 injured. ing best practice17). The report recommended that the gates went to several cities affected by the unrest, Tunisian human rights NGOs say the real death toll was [J]udicial investigations into all credible allegations of Bouderbala Commission apply principles of transpar- including Bizerte, Hammamet, Kasserine, Regueb, Thala greater and the Office of the UN High Commissioner for violations must be opened immediately, those responsi- ency, impartiality, confidentiality and independence and Tunis. Amnesty International interviewed families Human Rights (OHCHR) has put it at 147 in addition to ble prosecuted, and remedy and reparations, including throughout its process (from its methodology, to data of individuals killed in the unrest, people injured during 72 people who died in prison in incidents linked to the protests, other witnesses, former detainees, lawyers, unrest12. 13 The delegates were: Bacre Waly N’diaye, Director of the Human Rights Council and Special Procedures Division – Head of the Mission; Mona Rishmawi, Chief of the Rule of Law, Equality and Non-Discrimination Branch; Francesca Marotta, Chief of the 8 McDowall, A. “Tunisia Probes Protester Deaths” The Wall Street Journal, 4 February 2011, available at: Methodology, Education and Training Section; and Frej Fenniche, Chief of the Middle East & North Africa Section. These members http://online.wsj.com/news/articles/SB10001424052748704376104576121700624706770. were accompanied by Khawla Mattar, Director of the UN Information Center in Cairo, Egypt, and Sara Hamood, Human Rights 9 Amnesty International UK “Tunisia: authorities urged to protect protestors after deadly weekend”, Press release, Officer in the Middle East and North Africa Section. 10 January 2011, available at: http://www.amnesty.org/en/news-and-updates/tunisian-authorities-urged-protect-protesters- 14 Associated Press “UN mission says 219 killed in Tunisia uprising” 2 January 2011, following-deadly-weekend-2011-01-10. available at: http://www.insidebayarea.com/california/ci_17264439. 10 Above note 9. 15 Office of the United Nations High Commissioner for Human Rights (OHCHR) “Report of the OHCHR Assessment Mission to Tunisia 26 11 Amnesty International “Tunisia in Revolt: State Violence during Anti-Government Protests” 2011, pg. 5, available at: January – 2 February 2011”, available at: http://www.ohchr.org/Documents/Countries/TN/OHCHR_Assessment_Mission_to_Tunisia.pdf. http://reliefweb.int/report/tunisia/tunisia-revolt-state-violence-during-anti-government-protests. 16 See above note 15, OHCHR, “Report of the OHCHR Assessment Mission to Tunisia 26 January – 2 February 2011”: 19 12 Above note 9. 17 See above note 3. 11 | everycasualty CASUALTY RECORDING IN TUNISIA | 12

The National Fact-Finding Commission (Bouderbala Commission) collection, to findings publication). It suggested that Later on, following his May visit, Juan Mendez As of today, the Bouderbala Commission represents the itself (usually identified as 17 December 2010 to 14 the Commission’s methodology be at least partly based highlighted how the findings of the Bourderbala most authoritative source on the deaths and injuries January 2011), including the deaths of state officials and on eyewitness interviews, to be conducted through- Commission should serve the larger and on-going that occurred during the 2010-2011 Tunisian uprising22. deaths and injuries that were not the result of state out the country. It also recommended that “the judicial effort to bring perpetrators to account. This The final report of the Commission, which totalled 1041 violence or were considered unrelated to the uprising. Commission’s findings, including a full list of those killed comment took into account the nature of a fact-finding pages, including annexes (with a list of injured and The Commission also considered deaths recorded after in the unrest, and its recommendations [be] officially mission, which can only provide the basis for further killed), was submitted (in Arabic only) to the President, this period if the circumstances of death appeared published and widely disseminated without undue investigation to gather evidence that can adequately Moncef Marzouqi, on 2 May 2012. related to revolutionary protest. delay, including by means of a written report describing be used in a trial. For this reason he called for the its findings in detail.”18 In many ways, the Bouderbala work of the Commission to be completed as soon as The chair of the 14-member Commission, Taoufik Taoufik Bouderbala began his work by consulting “all Commission implemented these recommendations, possible: Bouderbala, is a lawyer and former president of the sectors of civil society”, including judges and lawyers publishing a succinct methodology within Decree-law Tunisian League for Human Rights. Taoufik Bouderbala known to him, and organisations like the Association of 2011-8 as well as the terms of reference of the president The Fact-finding Commission should complete its work was contacted about the need to investigate the cir- Tunisian Democrat Women (ATFD), the Tunisian League of the commission and his responsibilities, travelling as soon as possible; its findings should be followed by cumstances of deaths and injuries during the uprising of Human Rights (LTDH), the Tunisian General Labour throughout the country to meet with family members investigations and prosecutions when warranted; and by the president’s office in early February. The decision Union (UGTT), and the Association against Torture of those killed and the injured, and finally publishing a victims should receive reparations20. to create a commission, he said in interview, “was taken (OCTT). From these consultations Taoufik Bouderbala long report in Arabic to which has been annexed a list by the interim government as soon as Ben Ali chose members to work on the Commission, using 23 of those killed over the period covered by the Beyond the restrictions on its powers to fully and freely escaped” . Upon the creation of the three national “criteria formulated by the UN High Commission on Commission’s mandate. investigate all allegations, the Bouderbala Commission commissions, Taoufik Bouderbala, alongside the heads Human Rights. The principles were based around also suffered from a lack of legitimacy – expressed both of the two other commissions, visited the President, independence, neutrality, competence, and lack of Not all recommendations were implemented, however, nationally and internationally – from its inception. The Fouad Mbezaa, on 18 January. They agreed to head the political affiliations with political parties”. Apart from at the expense of a higher level of detail in the docu- announcement of the three investigative commissions commissions on a condition that “the members of all travel remunerations and expenses, all members 24 mentation. The Amnesty International report highlighted on 18 February 2011, including the Bouderbala three commissions would be chosen by the president worked for free throughout the Commission’s work . the importance for the Commission to be given the Commission, gave rise to many misgivings and doubts, of the respective commission with no interference from necessary powers and authority to access all relevant with international observers fearing the interim meas- the government”. A Decree on 2 March 2011 formally The Commission was given an office in central Tunis, documents in its fact-finding work. Although only offi- ures were not meaningful or legitimate acts of redress. announced that Taoufik Bouderbala was to be presi- staffed by 12 clerks. In early 2011 the commissioners cially appointed to be the President of the Commission, A report observed that the Commission was dent of the National Fact-Finding Commission. The were visited by European ambassadors from several Taoufik Bouderbala was already informally in charge of enacted by Mohamed Ghannouchi himself without Decree did not stipulate a precise time period of countries and also by Catherine Ashton (EU Foreign the project on January, 22 2011 when he told Amnesty cabinet consultation: “Many Tunisians ... are sceptical investigation but defined the Commission as “an Minister) and Guido Westerwelle Minister of Foreign International in a phone call that he “confirmed that the the three commissions would be allowed to work enquiry on the abuses recorded from 17 December Affairs from Germany. In interview, Taoufik Bouderbala Commission w[ould] be empowered to compel law independently”21. 2010 until the achievement of [the Commission’s] remarked that “we told them that we did not require enforcement officials to collaborate with the work of object”. Taoufik Bouderbala and his team were thus not help from any government”. The commissioners did how- the Commission”19. This however was not enshrined in given a precise investigative structure and eventually ever attend OHCHR workshops on themes of transitional law and the Bouderbala Commission did not eventually chose to end their investigations on 23 October 2011, justice and also travelled to Egypt and Morocco to attend have this power (see details below). the day of the first general elections in Tunisia since the further workshops. In Morocco the commissioners revolution. The Commission principally investigated heard from those who had orchestrated the Equity and deaths and injuries during the period of the uprising Reconciliation Commission, which began in 2004.

22 As part of a complex transitional justice process, other State initiatives have been instigated to draw a list of those who died, which could overwrite the findings of the Bouderbala Commission (see section 4 and 5 for more details). 18 See above note 9, Amnesty International “Tunisia in Revolt”: 37. 23 Interview with Taoufik Bouderbala, 2014. 19 See above note 9, Amnesty International “Tunisia in Revolt”: 35. 24 The full list of appointees is as follows: Zouheir Jerbi (doctor, member of the Medical Ethics Committee), Amel Ouahchi 20 Office of the High Commissioner for Human Rights (OHCHR) “The visit of the UN Special Rapporteur on torture and other (magistrate), Bochra Bel Hadj Hmida (lawyer), Monia Ben Jemii (university lecturer), Hela Ammar (university lecturer), forms of cruel, inhuman, degrading treatment or punishment in Tunisia - 15- 22 May”, Press Statement, 21 May 2011, Monji Khadhraoui (journalist), Youssef Rezgui (lawyer in the Supreme Court and former president of the Association available at: http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=11055&LangID=E#sthash.TVik1p4q.dpf. of Young Lawyers) Hayet Ouertani (psychologist), Cherif Telili (psychologist), Sarah Baltagi (physician), Hager Ben Cheikh 21 Reuters Africa “Tunisia to investigate security forces over killings”, 22 January 2011, available at: Ahmed (university teacher), Nesma Madeni (university lecturer), Naceur Kéfi (communications specialist), Chawki Gaddes http://af.reuters.com/article/%20%20tunisiaNews/idAFLDE70L0AB20110122?pageNumber=2&virtualBrandChannel=0 (university lecturer) Slaheddine Jourchi (journalist), Abdellatif Fourati (journalist), and Abdelkérim Allagui (historian). 13 | everycasualty CASUALTY RECORDING IN TUNISIA | 14

Despite requests to the government to have its inves- responsible for the injury/death. The Commission set • a copy of the national identity card of the victim or residents who had been either killed or injured. tigative powers increased, and despite Amnesty a deadline for victims to present files for October 20, his representative; Sometimes families themselves told commissioners International’s recommendations, the Commission 2011. • health-related documents such as a certificate or a about other cases in the local area which they then fol- conducted its work without subpoena powers. Despite medical report (including where possible certificates lowed up. The commissioners and their photographers this, the Commission was charged not simply with As part of this “hearings process” in the Commission’s of death and autopsy records); visited known sites of violence in order to rebuild an identifying the victims of violence during the 2010- office, statements were taken from particular individu- • and documents supplying information about the empirical and visual record of events. 2011 uprising but with “reconstructing the facts” and als who were “influential” throughout the events, for incident, such as a record of a legal inquiry or min- seeking to “establish the truth” about events. While the example directors of companies, ministers, directors in utes of a written testimony. In addition to regional field visits to the injured and the Commission would identify the organs of state respon- ministries, and ministry employees. These statements, families of the deceased, members of the Commission sible for casualties, such as the Anti-Riot Police (BOP), it the Commission’s report states, were received to The commissioners also visited those who had been arranged visits to a number of administrative and judi- was not charged with naming individual perpetrators. explore specific incidents on certain dates. Invitations seriously injured in their homes. They recorded their cial departments and institutions in order to further its were sent to a number of national security officers who statements and, where available, the statements of their inquiry and investigations into the events that occurred Because the Commission could not induce security or were named as perpetrators by the aggrieved parties witnesses. They visited injured persons who were still in in different governorates. ministry officials to speak about their role in what and the families of victims to give statements. Some hospitals and obtained their statements “where appro- occurred (by subpoena), it would rely on eyewitness presented themselves but others did not, despite priate”. The commissioners also visited hospitals in order The commissioners visited prisons in order to record testimony and the testimony of family members whose repeated invitations in most cases. to gain access to medical files related to those who had the circumstances that led to the deaths of prisoners relatives had been killed during the violence. Despite needed treatment. Commissioners interviewed doctors during the revolutionary period. They listened to the lacking subpoena powers, the Commission was able to While at least three commissioners remained in the as witnesses, Taoufik Bouderbala explained, in order “to directors of prisons, officers who were on duty during interview policemen and -women and, in those cases main Tunis office at any one time to receive members of better understand the autopsy reports provided”. Some the events, and prisoners, including both the injured that had been taken forward by administrative and the public, much of the Commission’s work consisted of members of the Commission viewed a video showing and witnesses. The commissioners and photographers military courts proceedings, court officers and investi- delegation work throughout the country. The commis- the autopsies of some of the corpses of the deceased. also visited prisoners’ quarters in order to see the living gating judges in charge of relevant records. While it sioners conducted a “Geographical Survey of the Since during the revolution hospitals were often conditions and the damage caused to facilities. received cooperation from the Ministry of Health (in Events” - separate visits to all 24 governorates of Tunisia surrounded by police, some injured citizens sought out May 2011, the Ministry of Health sent 618 case files in order to collect information. In their advertisements private medical practices for treatment. For this reason The commissioners made contact with representatives to the Commission that had been collected from hospi- they informed the public that they were welcome to the commissioners also made visits to many local of the courts, such as the General State Prosecutor to tals), it did not receive cooperation from the Ministries visit the main Tunis office or to wait for the private medical practices. As for the rest of the injured, the Court of Appeal, state prosecutors, the chiefs of First of Justice or Interior. Commission’s visit to their region. meetings with them took place in public places, such as Instance Courts, and magistrates engaged by relevant municipality headquarters, labour unions, local cultural cases within their jurisdictions in the governorates of 3.1 Methodology The commissioners made 57 regional visits over 41 centres or schools. Tunis, Kasserine and Sidi Bouzid. The commissioners At the beginning of its work, in order to maximise pub- days, accompanied by photographers. Delegations had meetings with the Director-General of Military lic participation, the Commission advertised its work in consisted of four to six people, of whom groups of two The commissioners were not only concerned with Justice at the permanent military court in Tunis and national newspapers, encouraging those who had or three would make visits to the families of those who recording casualty information, but also promoting with examining magistrates and representatives of the been injured or who had lost a family member during had been killed. The minutes of oral statements were legal action: in interview, they ascertained whether the public prosecution of the three permanent military the violence to visit the Commission’s office or to call its recorded from “the father, the mother or of both victim had filed a complaint to the state prosecutor and courts in Tunis and the military court in Sfax. The free telephone line. Upon receiving a member of the together or of the widow, widower, or one of the chil- offered guidance in this regard. Where no complaint report’s methodology does not disclose the particular public, the commissioners took down certain informa- dren of the victim if they were of legal age or one of the was filed, the commissioners offered guidance on the questions posed to these representatives of the coun- 25 tion from which they created an individual case-file. victim’s siblings” . They recorded information about the need to accelerate a petition to the state prosecutor “to try’s various judiciaries, or what information was These details included what Every Casualty has identi- victim and his/her family and a description of the arouse public action in order to safeguard their legiti- required, though it does state that the Commission fied in its research and standards development work as circumstances of the incident, its location and date, the mate rights”26. relied on completed reports by investigative judges elements of best practice: the person’s name, date of names of witnesses and the name of the assailant from civil and military courts arising from investigations birth, the time and place of the injuries or death, the where identifiable. Files were put together for all In interview, Taoufik Bouderbala said that the that came before them in relation to this period. cause of injury/death, occupation, and the state organ persons, including: Commission’s regional visits were facilitated by lawyers, activists, labour unionists, and magistrates local to the The commissioners also made visits to many governors, regions who had existing information on those local provincial chiefs (mo’tamadeen) and heads of munici- 25 Report of the National Fact-Finding Commission on Abuses Committed from December 17, 2010 to the End of its Mandate, pp.49-58, April 2012, available at (only in Arabic): http://www.leaders.com.tn/uploads/FCK_files/Rapport%20Bouderbala.pdf. The methodology section of this report has been professionally translated into English by Every Casualty and is available upon request. 26 See above note 25. 15 | everycasualty CASUALTY RECORDING IN TUNISIA | 16

palities in order to inquire about the “events”, their the psychological state that was caused by experienc- source investigation” approach adopted by the com- and religious symbolism” of the commonly used term effects and the process of material compensation ing the events.” mission, where they sought confirmation of details and “martyr” and in order to adhere to the Commission’s authorised by the transitional government. The com- accounts of incidents from a range of sources, is consid- founding principles of objectivity and neutrality. missioners received the addresses and phone numbers In interview, Taoufik Bouderbala was confident that every ered good practice in casualty recording28. An impor- “Victim” is the technical term adopted in the reports of of victims whom it had not been possible to contact death is accounted for, since each family affected came tant limitation was the Commission’s lack of subpoena fact-finding commissions in other similar experiences, from these administrative representatives. forward immediately and their medical certification and powers, which meant that alleged perpetrators could and the Commission sought to follow this precedent30. circumstantial testimony were easy to corroborate. not be compelled to give an account of their role in the The Commission also visited administrations or There were a huge number of protests – by families of violence. By the end of its work the Commission devised a data ministries in order to listen to individuals who played those killed and by the revolutionary public – through- archiving system (not publicly available) to store all the an important role in the events that the country out the country following the revolution, identifying On completion of the Commission’s “fieldwork”, and the information it had recorded on state officials, individual witnessed, such as officials from the Interior Ministry the need to recognise “the martyrs of the revolution” as compilation of files, the subsequent work of analysis victims and events (including testimonials, personal and the Defense Ministry. Further investigations includ- intrinsic to the revolutionary process. The Ministry of and writing was divided between members of the data, photographs and video recordings, judicial and ed a number of visits to listen to detainees in custody Interior released a series of updated casualty figures Commission according to governorates. Each member medical reports and minutes). As held by Decree 2011- in relation to the “events” including: eight visits to the throughout 2011 (in 2012 it realised its final figure as was responsible for a certain number of files, though 8, the work of the Commission, the testimonies of the military base in Aouina to listen to accused detainees 320 killed and 3727 injured persons). The process of they necessarily considered other related files in order persons heard by the commission, as well as its deliber- awaiting justice, including ministers and counsellors to identifying the families of those who were killed was to verify “the extent to which the file was related to the ations were confidential while the process was under- the former president, chiefs “who held responsibility” in facilitated for Taoufik Bouderbala’s commissioners by events that occurred” during the uprising. Because the way. But Taoufik Bouderbala observed in interview that the Interior Ministry, the Secretary-General of the ruling several factors: the advocacy around the plight of “the Commission had not excluded any deaths in this period the commission is intended to serve as an archive, party and the Director-General of Presidential Security; martyrs of the revolution”; the fact that the number of from its investigation, it “became clear in many of the which has already been made available to investigative one visit to the Sfax military court to listen to some casualties was relatively low; and the fact that the cases that the incident happened outside of the judges and to the members of Tunisia’s on-going Truth detainees; and one visit to the riot police barracks in provisional figures appeared consistently to total circa context of the revolution” and were subsequently and Dignity Commission, which started its work in Bouchoucha in Tunis to listen to some detainees. 300. However, despite Taoufik Bouderbala’s confidence “considered outside of the scope of the Commission”29. 2015. Another important principle of casualty recording about the accuracy of the figure of those killed, he The Commission’s report does not expand on the is to integrate new information into casualty records as Other sources considered by the commissioners admits that the figure of injuries cited in the decision-making process leading to the exclusion of it arises31. Records should never be closed. Though included criminal investigations carried out by judicial Commission’s report is “provisional”. The number of files. the Bouderbala Commission is no longer accepting police officers (officers that draft reports of criminal injuries was far higher and subject to revision following submissions, section 4 below describes how casualty investigations) resulting in reports or judicial warrants the interim government’s compensation process. Most Each commissioner completed his or her analysis of recording has continued in different forms in Tunisia, and information, articles and interviews related to the importantly, the Bouderbala Commission was not allocated files and drafted a “partial report” relating to which has kept it open-ended but has also caused events that were produced by the media, particularly empowered to award reparations, which diminished its each governorate. This report included accounts of the confusion among the affected population. the written press. The Commission engaged in adminis- ability to attract public concern with its recording most important events that occurred in that governor- trative correspondence with different administrative process. ate and provided charts of the victims who died and the 3.3 The Commission’s findings departments, courts, hospitals and ministries “seeking victims who were injured. On completion of regional and Upon publication the report divided its findings into explanation for some issues, verifying necessary infor- 3.2 Analysis and archiving some issue-specific reports (which the report’s method- five sections: 1) Facts and violations of human rights mation, getting some documents and confirmations.” The Commission’s account of its methodology ology does not name), the commissioners decided in general; 2) presentation of special events, places describes how a “gradation process” was relied upon upon a general outline for the final report and a drafting concerned and establishing the truth on the issue The Commission subsequently depended heavily on when examining sources and material, and how the committee was established to coordinate between the of snipers; 3) establishment of responsibilities; audio-visual recordings of visits to families, witnesses, Commission’s sought what is termed “intersectionality” writing allocated to each member of the Commission. 4) recommendations to ensure non-repetition of the and medical, administrative and judicial bodies in in the report’s methodology (taken here to mean over- violations; 5) tables and graphs and list of victims analysing the files. The Bouderbala report’s methodolo- lapping, complementary accounts). The Commission’s The term “victim” was adopted in the report to cover all identified by the Commission. gy section refers to the “extreme importance” of this report explains that “the commission is more convinced kinds of violations, in order to avoid the “material, moral documentation, particularly for members of the when the information is reiterated across multiple Commission who could not participate in these visits27. sources” when considering the “veracity of the events Audio-visual recording, the report states, “demonstrates and its attribution of responsibility”. The “multiple 28 Every Casualty, “Evaluating Sources in Casualty Recording”, Paper four in the series “Good Practice in Conflict Casualty Recording: Testimony, Detailed Analysis and Recommendations From a Study of 40 Casualty Recorders”, 2012. Available at: http://www.everycasualty.org/downloads/ec/ecpp4-evaluating-sources.pdf. 29 See above note 25. 27 The Commission recorded almost 150 hours of audio-digital recordings of testimony from the injured, the families 30 See above note 25. of the victims and some officials who consented to being recorded. 31 See above note 25. 17 | everycasualty CASUALTY RECORDING IN TUNISIA | 18

Casualty recording and other mechanisms

In total, the Commission received and created 66% of victims were killed by bullet, 4.1 Casualty recording and justice Three military tribunals that took place, beginning on 2489 case-files. especially in the regions of Greater Tunis and South- Because the Bouderbala Commission lacked subpoena November 28, 2011 – in Le Kef, Tunis, and Sfax – were West regions of the country such as Gafsa, Kasserine powers and a mandate to award reparations, many have multi-defendant trials of alleged crimes of state security For the period of investigation, the Commission and Sidi Bouzid. looked to Tunisia’s judiciary to provide both accounta- personnel (including Zine El Abidine Ben Ali) that corre- records bility and an accurate record of events. sponded to over 600 cases of injuries and deaths, 338 deaths, including: People under 40 years of age account for according to Colonel-Major Marouane Bouguerra, the 233 protestors during the uprising, 82% of deaths and 76% of injuries. Injured persons and relatives of those who were killed military prosecutor-general33. The defendants were 86 prisoners, during the uprising were quick to seek legal remedies, security officials and former Ministers of Interior, alleged 14 policemen, and 96.5% of those who perished are men and both in order to establish legal accountability and to be responsible for acts of state violence between 17 5 military personnel and 3.5% are women. In the ranks of the injured, the material reparations. A group of lawyers, some of whom December 2010 and 14 January 2011. Following the report records 89% as male and 11% as female. were based in Thala and Kasserine, began legal reform of military justice under Decree 2011-69, the 2147 injured persons, including: proceedings as early as 25 February 2011 in order to military courts were afforded jurisdiction to determine 62 prisoners and 79% of deaths and 96% of injuries are attributed bring cases to court32. However, before the 2010-2011 appropriate material reparations for use of force. This 28 police officers. to the police and the internal security forces, but uprising, Tunisia’s judiciary had been wholly incorporat- development meant that many of the expectations with the army found to be increasingly responsible ed into Ben Ali’s authoritarian police state, and was yet around casualty recording, accountability, and repara- 41 people died in circumstances indirectly for deaths towards the end of the period covered by to undergo reconstruction following his ouster. As tions became bound up with the process and outcome related to the uprising, but not at the hands the commission. lawyer Leila Hadded observed in interview, “when we of these tribunals. of the state. filed these cases there was no cooperation from the judiciary or investigating judges”. In a press conference Verdicts issued on 12 April 2014 by the Military Court of in 2014, Leila Hadded told reporters that “80% of the Appeal of Tunis in relation to former regime abuses Breakdown of deaths according to the Breakdown of deaths by gender according to cases of the martyrs and injured [of the revolution] were provoked widespread consternation and protests from Bouderbala Report the Bouderbala Report dropped by investigating judges because of a lack of a the families of those who were killed or injured during perpetrator”. protests. These particular verdicts concerned high-profile individuals including the Former Interior Minister, Rafik In the months following the uprising, among a host of Haj Kacem, the former director of Zine El Abidine Ben revolutionary demands, there were mounting calls for Ali’s Presidential Guard, Ali Seriati, and the former Director legal accountability for the regime’s abuses during the General of Public Security, Lotfi Zouaoui. All defendants uprising. Civilian investigative judges from Kasserine, Le were sentenced to three years in prison in relation to Kef, and Kairouan courts transferred the cases to the deaths and injuries to protesters during the 2010-2011 military justice system based on Article 22 of Law 70 uprising. The verdicts meant that each was released for (1982) regulating the Basic Status of Internal Security time-served within two months of the sentence34. Forces. Law 70 assigns to military courts cases involving internal security forces personnel for their conduct While military tribunals possessed more powers to during the exercise of their duty. This caused shock and investigate events than the Bouderbala Commission, co- consternation among the population, who saw this as operation between the two proved important in seek- a blow to accountability. ing to establish the truth. As Leila Heddad remarked in interview: 69% Protestors 97% Men 25% Prisoners 3% Women 4% Policemen 2% Military officers

32 Interview with Leila Heddad, 2014. 33 Human Rights Watch “Tunisia: Injured of the Uprising Urgently Need Care”, 28 May 2012, available at: https://www.hrw.org/news/2012/05/28/tunisia-injured-uprising-urgently-need-care. 34 Merminod, I. and Baster, T. “Tunisia: Families of martyrs and wounded on hunger strike against impunity”, Red Pepper Magazine, April 2014, available at: http://www.redpepper.org.uk/tunisia-families-of-martyrs-and-wounded-on-hunger-strike-against-impunity/. 19 | everycasualty CASUALTY RECORDING IN TUNISIA | 20

Details are missing from the Commission report that When we issued our request for subpoena power we 4.2 Casualty recording and reparation released in 2012. It is now considered37 easy to claim have since been revealed by court cases. Court cases were told by the interim government that such powers mechanisms compensation, and to make false claims. By awarding help reveal things that cannot be discovered through belonged to the court’s jurisdiction only. We tried to A number of legislative measures and procedures relat- financial reparations before the fact-finding mission fact-finding. Because of the powers of subpoena in the compensate for this lack by cooperating with the mili- ed to the casualty recording process followed the could accomplish its work, the interim government courts, we were able to determine for example in the city tary court tribunals. So if somebody who didn’t talk to Decree that created the Bouderbala Commission. (seemingly at the behest of the unreconstructed of Thela, which like other cities was surrounded, who us was compelled to speak to the military tribunal we However reparations were awarded before the work Ministry of Interior and the former ruling regime) has ordered which police squads to go there and when. were able to read their statements and incorporate that of the Commission even began, making the issue of effectively politicised and confounded the casualty material into our report. Because of this we were able establishing the truth and obtaining compensation recording process. Calls for accurate casualty figures However the Bouderbala Commission took advantage to read the statements of Ben Ali’s former ministers. confused and complicated. In February 2011, the inter- and reparations have now become conflated with public of the judicial proceedings underway by accessing and There was a meeting between the judges of the military im government allocated 20,000 dinars (US $12,624) suspicion that injured persons and families of those documenting statements in order to maximise the evi- tribunals and the members of our Commission in May to families of those killed and 3,000 dinars ($1,900) to who had been killed were falsely pursuing material dence available for its own investigations: 2011 and then again in early 2012. Our final report the injured, regardless of the severity of the harm. In gain. quotes from the military tribunal statements made by December, the newly elected National Constituent investigating judges35. Assembly distributed a second instalment of the same On October 23, 2011, the same day as Tunisia’s first amount to the injured and the families of those killed. general election since the uprising, the second interim This decision to separate the award of financial repara- government declared Decree 2011-97. A response to tions from the casualty recording process – regardless continued protest for recognition and reparations for of public pressure for quick compensation – is problem- those who were killed and injured during protests, this atic. It complicated the process by which the concept legislation took a more comprehensive approach to of casualty/victim was defined, divorcing the definition state recognition and redress, and aimed at reconciling itself from the attribution of status that would subse- the casualty recording and compensation processes. It quently allow a person to receive compensation. defines “the martyrs and the wounded persons” as being “the persons who risked their lives for the revolu- In interviews, lawyer Leila Hadded and Faouzi Sadkaoui, tion, and who died or were victims of physical harm formerly of the Ministry of Human Rights and Trans- causing them an infirmity, during the period [extend- itional Justice, both raised concerns about this compen- ing] from December 17th, 2010 till February 19th, 2011”. sation process. Despite the fact that the Ministry of (This time period was later modified in Law 2012-26 to Interior was responsible for many of the casualties, it extend to 28 February 2011, the day of the so-called was the Ministry of Interior itself that dispensed the Kasbah Two protest in Tunis.) The Decree provides for compensation (via local governorate offices) and kept symbolic and material compensation to “the martyrs records of who had claimed. Both Leila Hadded and and to the wounded”. It calls for symbolic reparations Faouzi Sadkaoui suggested that the compensation (public monuments and memorials) as well as material process served two functions; first, to appease a revolu- and financial compensation. tionary public that continued to hold demonstrations against the interim government; and, second, to cause Tying compensation back to the casualty recording confusion as to the true figure of those who were killed process, article 6 of the Decree stipulates that a or injured during protests. “Commission of the Martyrs of the Revolution” will be entrusted with compiling “the final list” of “the martyrs Authorities paid lump-sum compensation to 2,749 of and the wounded people of the revolution”. The final list those claiming to have been injured and to the 347 of the dead and injured of the uprising, it goes on to families claiming relationship to those killed, according state, will be determined by drawing on but supersed- to official numbers obtained by Human Rights Watch36. ing “the final report prepared by the National Fact- These figures are higher (in terms of both deaths and Finding Commission”. According to the Decree, the Tunisians rally in Tunis on April 9th, 2013 to demand justice for victims of the 2011 revolution ©Magharebia, April 2013, injuries) than the Bouderbala commission’s figures, Commission of the Martyrs of the Revolution was to be http://flic.kr/p/eaNKpY

36 See above note 33. 35 Interview with Taoufik Bouderbala, 2014. 37 As emerged from interviews. 21 | everycasualty CASUALTY RECORDING IN TUNISIA | 22

housed within the Higher Committee on Fundamental However, members of the public, confused by the Bouderbala. In the meeting the three bodies committed As such, Articles 1 to 5 of the decree provide for the Rights and Freedoms, an organ of the Tunisian presi- process and hopeful of reparations, visited the NCA to working together and Bouderbala assured the other creation of a memorial which would list the names of dent’s office since 1992, led by Noriddine Hachat, who offices in their hundreds, adding new cases of injured participants that his team would soon publish their the “martyrs of the revolution”; the creation of a museum would also act as president of the new commission. persons that had decided not to take part in the report and allow the other commissions to make use of dedicated to the revolution in order to “draw its lessons Bouderbala Commission. As Yamina Zoghlami remem- his archive in the meantime. and safeguard its memory”; the attribution of martyrs’ The newly elected National Constituent Assembly bers, “people were under the impression that the NCA names to streets and public squares throughout the (NCA) inherited Decree 97 from the unelected interim commission had executive power to grant reparations In July 2013 the Commission of the Martyrs of the country; the naming of 14 January as a commemora- government. Instead of implementing the reparations and give them state recognition. But despite people’s Revolution, housed within the Higher Committee on tive day which should be celebrated every year; and the stipulated in Decree 97, the National Constituent high expectations it was a monitoring commission with Fundamental Rights and Freedoms, began its work under addition of the revolution as a topic on school history Assembly created its own Commission of the Martyrs no subpoena powers to determine the validity of a a new president – Hashmi Jouram. curricula. and Injured of the Revolution. According to the presi- person’s claim”. To make matters even more confus- dent of the NCA Commission, Yamina Zoghlami, in ing, the newly created Ministry of Human Rights and At the time of writing, the Commission of the Martyrs of This aspect of the decree was not revisited in further an interview in Tunis, this new commission was not Transitional Justice also opened a commission to the Revolution has not released its “final list” of dead legislation after the election of the new constituent designed to replace the Commission of the Martyrs of receive members of the public who wished to file and injured persons who are to receive financial repara- assembly and it is unclear whether the content of these the Revolution created by Decree 97. Rather, the NCA claims for compensation. tions under Decree 97. articles will be implemented. At the time of writing the Commission was “a monitoring commission” designed only aspect of these symbolic reparations that has been to review the progress of both the Bouderbala In February 2012, mindful that there were “too many 4.3 Casualty recording and memorialisation implemented is the renaming of some streets with the Commission and the Commission of the Martyrs of the commissions”, Yamina Zoghlami organised a meeting Decree 97 not only provided for material compensation names of “martyrs”. It is possible that other aspects – Revolution. between members of the three commissions, including to “the martyrs and to the wounded”, it also recognised and in particular the erection of a memorial – will be the importance of symbolic reparations to those who acted upon once the Commission has released the final died in the course of the revolution. list of those who died in the uprising.

Tunisia Post released a series of stamps celebrating the victory of the revolution and its first “martyr” Mohammad Bouazizi, ©Joseph Morris, April 2012, http://flic.kr/p/bP7JGK 23 | everycasualty CASUALTY RECORDING IN TUNISIA | 24

The future of casualty recording in Tunisia Acknowledgements

The most comprehensive figures of deaths and injuries These various commissions, as well as court cases taken About the author during the 2010-2011 uprising to date are found in the up by the victims of state violence during the uprisings, Dr Ian Patel is a specialist in criminal law and justice, Bouderbala Commission report. However the “final list” have resulted in an archive of information on deaths international human rights, and testimonial evidence. of the Commission of the Martyrs of the Revolution and injuries which continues to grow as commissions He has worked in the Law department at King's may revise the figures of the Bouderbala Commission. remain open to receive information and public expec- College London, and has been a contributor to the The figures from both these sources are in turn likely to tations of reparations multiply. The Bouderbala department's International State Crime Initiative. be revisited in Tunisia’s on-going Truth and Dignity Commission report is currently the primary source of Commission. The National Constituent Assembly even- information. Though the limitations of the Commission Annabelle Giger is Practice Development Officer at tually passed an Organic Law on “Establishing and have been discussed in this report, the wide range of Every Casualty Worldwide. She previously worked in Organising Transitional Justice” on 15 December 2013. information gathered and archived is now comple- North Lebanon with the NGO Relief and Reconciliation Enacting Article 17 of the legislation, a 15-member mented by a reparations mechanism and by on-going for Syria, and also as communications officer for Oxfam “Truth and Dignity Commission” was launched in June court cases seeking accountability for violations of France. 2014 (operative over a four-year term) to enact victim human rights. reparations and state recognition from human rights Thanks to violations as far back as independence (1 July 1955). All interviewees for the time and expertise they contributed through the interviews, and to Fadil Aliriza for his translation work on the methodology section of the Bouderbala report.

Hamit Dardagan and John Sloboda, co-directors of Every Casualty, for their review of the manuscript.

Funding This report was made possible by funding from ifa Final thought (Institut für Auslandsbeziehungen) with means of the German Federal Foreign Office.

What is clear from the foregoing is that rigorous difficult, the Bouderbala report creates a sound basis on casualty recording and the uncovering of the truth with which further recording efforts are being developed. As regard to those who died as a result of the 2011 upris- discussed, the court cases underway have revealed ings has been a social necessity in post-revolution information that is available to complement the infor- Tunisia. The recording process undertaken by the mation gathered by the Bouderbala commission, and Bouderbala Commission has included many elements the Commission ‘archive’ has been expanded by further identified as good practice in casualty recording. The submissions made by families to subsequent commis- Design state adopted a multi-source methodology that seeks sions established for the purpose of fact-finding and Tutaev Design information from both documentary and oral sources, granting reparations. The structures established by the accessing witnesses statements from military courts, state, with their confusing, overlapping functions, have © Every Casualty Worldwide 2015 medical certifications and reports, and interviewing made it difficult for the population to always under- those affected, families, witnesses, and representatives stand how to participate and there is a lack of trans- Some rights reserved. This report is licensed under of various state institutions. Although its analysis some- parency in their data analysis methodology. Overall, a Creative Commons Attribution-NonCommercial- times lacks transparency and its limited timeframe however, the post-uprising fact-finding has been NoDerivs 3.0 Licence. For more information, please made complete accuracy in establishing the facts more comprehensive and inclusive. visit http://creativecommons.org/licenses/by-nc-nd/3.0/ Every Casualty Worldwide Development House 56-64 Leonard Street London EC2A 4LT, UK T +44(0)20 7549 0298 E [email protected] www.everycasualty.org Company No: 9082055