The ICJ took the opportunity to present key recommendations to ensure constitutional and other legal guarantees for an independent, impartial and accountable judiciary in Tunisia. The ICJ therefore called on the NCA to:
- Ensure constitutional and legal provision for an independent High Judicial Council, with full competence to oversee the judiciary;
- Adopt a Statute of Magistrates that ensures the independence and impartiality of judges and guarantees their conditions of service, appointment, mandate, promotion and discipline, in accordance with international standards;
- Guarantee, in the Constitution and the law, the independence of the Office of the Public Prosecutor, including by ending the authority and control of the Minister of Justice over prosecutors;
- Limit the jurisdiction of military tribunals only to military offences and military personnel; and
- End the jurisdiction of military courts and military prosecutors to investigate and rule on cases involving violations of human rights, including those involving the armed and security forces.
The ICJ’s legal memorandum The Reform of the Judiciary in Tunisia, which examines the current legal framework governing the judiciary and contains a detailed set of recommendations for ensuring an independent judiciary in line with international law and standards, was submitted to the NCA (see below).
For more information:
Saïd Benarbia, Middle East & North Africa Senior Legal Adviser, ICJ, t +41 22 979 3817; e-mail: email@example.com
TUNISIA-Legal memo-legal submission-2012 (full text, PDF)
TUNISIA-Legal memo-legal submission-2012-french (full text, PDF)