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
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