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To the government of Tunisia,
We, the undersigned human rights organisations, write to express our
deep concern about the current situation of Zakaria (“Zaki”) Hannache,
an Algerian human rights defender, whose extradition has been recently
requested by the Algerian authorities. We hereby wish to remind you that
he enjoys international protection as a refugee and that the UN
Committee against Torture asked you, as recently as March 6, 2023, not
to extradite him to Algeria.
Since 2019, Hannache has been documenting and publishing information
on the arrests and prosecutions of prisoners of conscience in Algeria,
particularly in relation to the peaceful protest movement known as
Hirak.
Following his arrest in February 2022, he faced several charges
linked to his activism. After being detained for six weeks in Algeria,
he was provisionally released on bail in March 2022. In the following
months, Hannache was subject to acts of intimidation and pressure,
prompting him to travel to Tunisia where he sought medical support in
August 2022.
On November 9, 2022, Hannache learned that he had been summoned to a
hearing in the court of Sidi M’hamed in Algiers, scheduled for November
13. This prompted him to apply for asylum with the office of the UN High
Commissioner for Refugees (UNHCR) the next day. He learned that
Tunisian police, specifically the anti-terrorist brigade, had inquired
about him in at least two locations in Tunis during the week of November
15. He was granted refugee status by the UNHCR on November 18, 2022.
Tunisia has previously cooperated with Algeria in its efforts to
forcibly return exiled peaceful opponents and human rights defenders.
This was apparently the case for Slimane Bouhafs, a UNHCR-recognized
refugee and Christian Amazigh activist who was abducted and forcibly
returned from Tunis on August 25, 2021.
Fearing a repetition of the dangerous precedent set by the
extrajudicial return of Slimane Bouhafs, MENA Rights Group and a
Tunis-based human rights researcher submitted a request for interim
measures on behalf of Zaki Hannache before the UN Committee against
Torture, which were transmitted to your government on December 5, 2022.
On March 2, 2023, Hannache learned that the court of Sidi M’hamed had
sentenced him in absentia to 3 years in prison. Neither he nor his
lawyers were aware of the trial’s occurrence. One of his lawyers
coincidentally discovered the decision while dealing with a separate
case in court. Another of his lawyers confirmed that an international
arrest warrant and an extradition request were sent by Algeria the same
day. In light of this new development, the Committee against Torture
sent you a follow-up communication on March 6, 2023, asking you not to
extradite Hannache.
The undersigned organisations recall that as a refugee, Hannache is
protected from refoulement by the 1951 UN Refugee Convention that your
country has ratified as well as under the OAU Convention Governing the
Specific Aspects of Refugee Problems in Africa. As a State party to the
1984 Convention against Torture, Tunisia is bound not to expel, return
or extradite a person to another State where there are substantial
grounds for believing that he would be in danger of being subjected to
torture. As such, we call on your government to respect Hannache’s
international protection and to inform the Committee against Torture of
your willingness not to extradite him while his case is under review.
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