Human Rights Watch (HRW) [advocacy website] on Monday called into question Tunisia’s use of house arrests [press release] under a November 2015 state of emergency decree. According to the release, at least 139 people have been put under house arrest in what the government has called a means to fight against terrorism. Human rights advocates are concerned with the stigmatization of those put under house arrest, denial of access to education and work, and failure of the government to “provide for the livelihood of the person” placed under house arrest. Amna Guellali, the Tunisia director at HRW said “[s]tates of emergency do not give governments a blank check to curb rights,” and added, “[t]o be legitimate, exceptional measures such as house arrest need to be subject to appeal and time limits.” Some of those interviewed by HRW said they were provided only a vague explanation for their house arrest and forced to sign notification of their house arrest without being provided a copy. As those challenging administrative orders need to provide a copy of the order they are seeking to challenge, many of these individuals have found it difficult, if not impossible, to challenge their house arrest. The string of house arrests over 2015 and 2016 stem from Tunisian President Béji Caid Essebsi’s declaration of a state of emergency following a suicide bombing killed 12 presidential guards and injured 20 others.

Tunisia has previously been criticized for human rights violations, and many hoped they would be remedied by the passage of a new constitution [JURIST report] in January 2014, which offered more expansive freedoms of speech, conscience and religion. The new constitutional rights guaranteed by the constitution compelled HRW to ask [JURIST report] for further action in the release of prisoners convicted under human rights violations in February of that year. However, the practices that HRW denounced remained in place after the passing of the constitution. In January of last year HRW reported [JURIST report] that Tunisia had failed to bring to justice those responsible for the use of excessive force by police during the uprising four years ago. Also last year HRW criticized [JURIST report] the Tunisian government after it sentenced blogger Yassine Ayari to three years in prison for posting criticisms of government officials on Facebook.