Human Rights in Tunisia: Options and Accomplishments

Chapter1
Human Rights in Tunisia: Options and Accomplishments

Table of Contents

Declaration of November 7th,1987

Chapter I

Chapter II

Chapter III

Chapter IV

Chapter V

Chapter VI

Chapter VII

Chapter VIII

Chapter IX

Chapter X

Civil and Political Rights

1 - The Rule of Law and the Independence of the Judiciary

The Tunisian Constitution confirms the principle of independence of the judiciary. Article 65 of the Constitution states: "The judiciary is independent; the only authority to which judges are subject in the exercise of their functions is that of the law."

The Higher Council of the Magistracy, whose composition and powers are set by law, guarantees the rights of magistrates with respect to appointments, promotions, transfers, and disciplinary measures (Article 67 of the Constitution).

Organic law no. 67-29 of July 14, 1967 defines the status of magistrates and organizes their independence. Article 23 of that law stipulates that magistrates must administer justice impartially, without consideration as to persons or interests.

For instance, the law permits any person to object to a judge's conduct for reasons that suggest less than impartiality on his part. Such objections are provided for in the Code of Civil and Commercial Procedure and in the Code of Penal Procedure.

Basic reforms

Abolition of the State Security Court and of the State prosecutor’s office (1987) which used to be an instrument for interfering in the judicial process. Emergency courts have also been abolished.

Creation of the Constitutional Council (1987), responsible for overseeing the constitutionality of laws that are voted by Parliament. Successive amendments have specified the prerogatives of this council and the means for exercising them. In 1995, the Constitutional Council was made a part of the Constitution, thereby becoming a constitutional instrument. In 1998, constitutional law 98-76 was promulgated, amending article 75 of the Constitution and making the decisions of the Constitutional Council binding upon all powers and all authorities.

In 1995 : Reforms in the system of administrative justice, intended to strengthen the rights of the defense by instituting the right of recourse to two levels of the Administrative Court in matters involving abuse of discretion, making administrative justice more accessible to the citizen through the gradual establishment of regional Administrative Court chambers and instituting a council to settle conflicts of competence between the judicial and the administrative legal systems.

Ratification by Tunisia of the 1984 United Nations Convention against torture and other cruel, inhuman and degrading treatment or punishment (1988), and abolishment of the sentence of forced labor (1989), which is now automatically commuted to an equivalent period of imprisonment

Adjustment of the legal system of police custody and preventive detention; the conditions for applying these practices and the lengths of time for which they may be applied are specified and delineated in two successive amendments made to the code of penal procedure in 1987 and 1993.

Enactment of the law of November 22, 1993 amending certain articles of the Code of Penal Procedure pertaining to the shortening of the period of preventive detention, creating a single judge’s position and establishing the mechanism of de facto rehabilitation.

On March 20, 1999 President Zine El Abidine Ben Ali announced in his speech on Independence and Youth Days, the presentation of a bill reducing the length of police custody to three days renewable a single time. The party concerned will be read the guarantees stipulated by law and mention of these will be made in the minutes. His family will also be informed at the time of the arrest.

The President also announced that the definition of torture, will be included in the Penal Code so as to bring Tunisian legislation into harmony with UN human rights documents.

Enactment of a law abolishing rehabilitative labor and civil labor (1995).

– Recommendations of the Higher Council of the Magistracy (July 31, 1996) with a view to expediting judicial procedures and rendering them more humane.

Judges should resort to preventive detention only when there are serious concerns that prevent them from allowing the defendant to remain free.
Greater concern should be taken to speed up examination of cases involving individuals who have been placed under preventive detention.
To any extent possible, judges should avoid handing down short prison sentences.
Preference should be given to suspended prison sentences when all the criteria for these are met, rather than handing down sentences of immediate imprisonment.
Use should be made as often as possible of the system of release under bail.

President Zine El Abidine Ben Ali announced, on November 7, 1998, in a speech commemorating the eleventh anniversary of the Change, that a bill would soon be presented modifying the scale of sentences and adding the possibility of the judge's handing down sentences of substitution for imprisonment consisting in charging the prisoner, with his own agreement, with carrying out work in the public interest for a given period.

In his speech of March 20, 1999, President Zine El Abidine Ben Ali, announced that a bill would be presented creating, for the first time in Tunisian law, the function of judge responsible for application of sentences and setting up the rule of double jurisdiction in criminal cases.

Chapter1		Human Rights in Tunisia: Options and Accomplishments



	Table of Contents Declaration of November 7th,1987 Chapter I Chapter II Chapter III Chapter IV Chapter V Chapter VI Chapter VII Chapter VIII Chapter IX Chapter X		Civil and Political Rights 1 - The Rule of Law and the Independence of the Judiciary The Tunisian Constitution confirms the principle of independence of the judiciary. Article 65 of the Constitution states: "The judiciary is independent; the only authority to which judges are subject in the exercise of their functions is that of the law." The Higher Council of the Magistracy, whose composition and powers are set by law, guarantees the rights of magistrates with respect to appointments, promotions, transfers, and disciplinary measures (Article 67 of the Constitution). Organic law no. 67-29 of July 14, 1967 defines the status of magistrates and organizes their independence. Article 23 of that law stipulates that magistrates must administer justice impartially, without consideration as to persons or interests. For instance, the law permits any person to object to a judge's conduct for reasons that suggest less than impartiality on his part. Such objections are provided for in the Code of Civil and Commercial Procedure and in the Code of Penal Procedure. Basic reforms Abolition of the State Security Court and of the State prosecutor’s office (1987) which used to be an instrument for interfering in the judicial process. Emergency courts have also been abolished. Creation of the Constitutional Council (1987), responsible for overseeing the constitutionality of laws that are voted by Parliament. Successive amendments have specified the prerogatives of this council and the means for exercising them. In 1995, the Constitutional Council was made a part of the Constitution, thereby becoming a constitutional instrument. In 1998, constitutional law 98-76 was promulgated, amending article 75 of the Constitution and making the decisions of the Constitutional Council binding upon all powers and all authorities. In 1995 : Reforms in the system of administrative justice, intended to strengthen the rights of the defense by instituting the right of recourse to two levels of the Administrative Court in matters involving abuse of discretion, making administrative justice more accessible to the citizen through the gradual establishment of regional Administrative Court chambers and instituting a council to settle conflicts of competence between the judicial and the administrative legal systems. Ratification by Tunisia of the 1984 United Nations Convention against torture and other cruel, inhuman and degrading treatment or punishment (1988), and abolishment of the sentence of forced labor (1989), which is now automatically commuted to an equivalent period of imprisonment Adjustment of the legal system of police custody and preventive detention; the conditions for applying these practices and the lengths of time for which they may be applied are specified and delineated in two successive amendments made to the code of penal procedure in 1987 and 1993. Enactment of the law of November 22, 1993 amending certain articles of the Code of Penal Procedure pertaining to the shortening of the period of preventive detention, creating a single judge’s position and establishing the mechanism of de facto rehabilitation. On March 20, 1999 President Zine El Abidine Ben Ali announced in his speech on Independence and Youth Days, the presentation of a bill reducing the length of police custody to three days renewable a single time. The party concerned will be read the guarantees stipulated by law and mention of these will be made in the minutes. His family will also be informed at the time of the arrest. The President also announced that the definition of torture, will be included in the Penal Code so as to bring Tunisian legislation into harmony with UN human rights documents. Enactment of a law abolishing rehabilitative labor and civil labor (1995). – Recommendations of the Higher Council of the Magistracy (July 31, 1996) with a view to expediting judicial procedures and rendering them more humane. Judges should resort to preventive detention only when there are serious concerns that prevent them from allowing the defendant to remain free. Greater concern should be taken to speed up examination of cases involving individuals who have been placed under preventive detention. To any extent possible, judges should avoid handing down short prison sentences. Preference should be given to suspended prison sentences when all the criteria for these are met, rather than handing down sentences of immediate imprisonment. Use should be made as often as possible of the system of release under bail. President Zine El Abidine Ben Ali announced, on November 7, 1998, in a speech commemorating the eleventh anniversary of the Change, that a bill would soon be presented modifying the scale of sentences and adding the possibility of the judge's handing down sentences of substitution for imprisonment consisting in charging the prisoner, with his own agreement, with carrying out work in the public interest for a given period. In his speech of March 20, 1999, President Zine El Abidine Ben Ali, announced that a bill would be presented creating, for the first time in Tunisian law, the function of judge responsible for application of sentences and setting up the rule of double jurisdiction in criminal cases.