Revolution is chaotic. Its aftermath can be even more so, especially when
it comes to creating impartial justice systems meant to address violations of
laws that may have become blurred and loosely defined. Though establishing this
transitional justice is a tall task, and one that is too often done poorly, it
is still one that must be done. The nascent Tunisian state is now trying its
hand at the delicate process.
On
January 18 2011, President Zine El Abidine Ben Ali resigned, ushering in a new
era in Tunisian politics. His departure, however, did not bring an end to the
repression and corruption that marked his regime. The current three-power
government has been accused of destroying many important documents from the
revolution, some allegedly containing evidence of government corruption. A lack
of transitional justice has left these acts unaccounted for.
Still,
things could be worse. Other transitional justice systems have failed at
similar junctures. After the Cuban Revolution, hundreds of members of the
pre-revolutionary state were put on trial and subsequently executed by firing
squads. After the Iranian Revolution, thousands of protesters and prisoners
were also executed following brief and unfair trials. And though it was long
ago, let us not forget the absence of justice following the deaths of hundreds
of thousands of French civilians during their own revolution.
Such
examples of transitional injustice
are not historical relics. Instead they point to just how perilous a time this
could be for human rights in Tunisia as it enters into a national dialogue on
the subject. Human rights must therefore be enshrined in whatever justice
system is adopted so that abuses of the past, present, and future can be
properly redressed.
The
Tunisian people have the power to buck an alarming trend in revolutionary
history; they are also dangerously at risk of falling into it. Whether they
will slide back down the slope or dig a new foothold for equality and justice
remains to be seen.
Benjamin
Tumin
Intern
at AI Morocco
Benjamin
Tumin
Intern
at AI Morocco
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