23 December 2014

Tunisia: UN Expert for Independence of Judges and Lawyers Calls on Tunisia to Bring its National Legislation into Conformity with its International Commitments

From 27 November to 5 December 2014, the United Nations' Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, visited Tunisia with the aim to assess the challenges the country still faced in order to ensure the independence of its judicial system. Whilst acknowledging the efforts made by Tunisia towards the establishment of the rule of law, Knaul gave a mixed assessment of the Tunisian judiciary's independence, and did not fail to recall that corruption was still an integral part of the country's judicial system.

Knaul congratulated the authorities with regards to the adoption of the 26 January 2014 Constitution, which she said constituted a "historic milestone" and an important step in the Tunisian justice reform process, as the new Constitution recognised the Tunisian judiciary as an institution independent from the executive, pursuant to the principle of separation of powers.

The provisional body set up in May 2013 to replace the Supreme Council of the Judiciary – headed by the former president and which should remain in place until the permanent body provided by the new Constitution is operational – would also prove, according to Knaul, to be an independent body with an autonomous administration and financing.

However, the Special Rapporteur did not fail to recall that transitions never come without new challenges and that Tunisia will still have to face numerous challenges to comply with international law standards. Many rules established by the Constitution seem, in fact, to remain all theoretical, and the situation of human rights is becoming a growing cause of concern. Knaul therefore called on the Tunisian government to adapt its legislation with a view to implementing the provisions pertaining to the judicial system enshrined in the Constitution within the timeframe prescribed by the Constitution, stating that "the principles of the Tunisian Constitution should be translated into reality."

Hence, the laws governing the status of judges and prosecutors should be urgently reviewed in the light of international human rights standards. According to the Special Rapporteur, it is of crucial importance to enact laws "that provide for the distinct roles of judges and prosecutors in order to ensure their complete independence from other State authorities." It seems indeed that judges are still seeing themselves as civil servants under the Ministry of Justice, which cannot be compatible with their true vocation of independent judges.

The appointment of judges and prosecutors should also be reviewed, and fair and transparent procedures should be set up. Although the Special Rapporteur recalled that these procedures should be based on the competence and integrity of candidates, Alkarama noted that in many situations – such as in the cases of Zied Younes and Karim Rhimi – many magistrates, aware of cases of torture on detainees in police custody, refrained from ordering the opening of criminal investigations to prosecute the perpetrators.

Knaul also expressed concerns about the issue of pre-trial detention. Although Article 29 of the Constitution states that all persons arrested must be immediately informed of their rights and of the charges against them, as well as be able to appoint a lawyer to represent them, the Criminal Procedure Code only allows access to a lawyer at the end of the custody period.

Receiving and documenting an increasing number of cases where the detainees' fundamental rights are violated, especially in the context of the fight against terrorism – see for instance the case of Radhouane Gharsallaoui – Alkarama recently called the experts of the Subcommittee on the Prevention of Torture (SPT) to visit the country. In fact, the authorities seem to increasingly accept highly questionable practices. Today, the antiterrorism law allows for a preventive detention of three days, but renewable, a measure that is becoming systematically used. Suspects are held without the possibility to see a lawyer or their family, which opens the door to all kinds of abuse – particularly the practice of torture, which, following the revolution, appeared to be well on the way for its complete eradication, since this plan enjoyed unanimous support from the Tunisian political class.

Alkarama therefore joins in Knaul's concerns and calls the Tunisian authorities to immediately bring its national legislation into conformity with its international commitments on human rights and fundamental freedoms, as well as to ensure that impartial and independent investigations be launched against all forms of human rights violations and that proceedings against the perpetrators be initiated so as to ensure that impunity for such acts is eliminated.

For more information or an interview, please contact the media team at This email address is being protected from spambots. You need JavaScript enabled to view it. (Dir: +41 22 734 1007 Ext: 810)

Tunisia - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Ratified on 18.03.1969
Optional Protocol: No

State report: Overdue since 31.03.2012 (6th)
Last concluding observations: 23.04.2008

Convention against Torture (CAT)

CAT: Ratified on 23.09.1988
Optional Protocol: 29.06.2011
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): Yes

Last State report: Submitted on 13.10.2014
Last concluding observations: 01.01.1999

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

CED: Ratified on 14.05.2013
Art. 33 (Inquiry procedure): Yes

Last State report: 25.09.2011
Last concluding observations: -

Universal Periodic Review (UPR)

Last review: 05.2012 (2nd cycle)
Next review: -

National Human Rights Institution (NHRI)

Comité Supérieur des Droits de l'Homme et des Libertés Fondamentales (CSDHLF) – Status B

Last review: 11.2009
Next review: -