On 18 December 2023, the International Commission of Jurists (ICJ) filed a submission to the Human Rights Committee (the Committee) on Tunisia’s implementation of the Committee’s 2020 concluding observations regarding the Constitutional Court and the use of counter-terrorism provisions in the context of the Committee’s follow-up procedure.
“Since July 2021, President Kais Said has systematically eroded all checks on his authority, including by curtailing the powers of the Constitutional Court under the 2022 Constitution and by instigating arbitrary prosecutions against those suspected of opposing his rule , including judges, journalists, human rights defenders, and political opponents,” said Said Benarbia, ICJ MENA director. “The Tunisian authorities must abide by their obligations under international law, immediately reinstate a democratic constitutional order, and end the use of the criminal process and counter-terrorism measures to crackdown on dissent and free speech.”
In April 2022, pursuant to the Committees’ request to the State party to provide follow-up information on the implementation of its recommendations regarding the Constitutional Court, the state of emergency and counter-terrorism, and freedom of peaceful assembly and excessive use of force by the State’s agents, Tunisia submitted further information regarding its obligations under the International Covenant on Civil and Political Rights (ICCPR) as they pertain to the above-mentioned concerns. During the Committee’s 140th session between 4 and 28 March 2024, this information, and Tunisia’s implementation of the Committee’s recommendations on the same, will be reviewed.
The ICJ’s submission to the Committee highlights a number of ongoing human rights concerns with respect to the country’s implementation of and compliance with the provisions of ICCPR, which are not adequately addressed in the State’s submission of further information, including:
- Article 2(3). By failing to establish a Constitutional Court, and by severely limiting the independence and powers of the Constitutional Court under the new Constitution – should one ever be established – Tunisia has failed to provide recourse to resolve disputes about the constitutionality of the exceptional decrees promulgated by the President under the state of exception, including by removing the power of the legislature to challenge the constitutionality of such decrees in the new Constitution;
. - Article 4(1) and (3). By failing to specify the nature of the public emergency that purportedly necessitated the suspension of the Constitution in July 2021 per article 80 of the 2014 Constitution on state of exception, and the corollary interference with ICCPR rights, and by failing to notify the derogation to these rights, Tunisia has failed to meet its obligations to prove and ensure that the exceptional measures adopted by the President were “strictly required by the exigencies of the situation”;
. - Article 9(1). By arbitrarily detaining perceived political opponents, lawyers or judges under counter-terrorism provisions without reliable evidence, Tunisia is unlawfully interfering with their right to liberty;
. - Article 19 (1) and (3). By arbitrarily investigating and prosecuting members of the judiciary, political opponents and lawyers under counter-terrorism provisions, Tunisia is unlawfully interfering with their right to express their opinions both in their professional and personal capacity; and
. - Article 14(1). Through interference in the appointment, career, disciplining and dismissal of judges, prosecutors and High Judicial Council members, the President has undermined the independence and impartiality of tribunals presiding over criminal investigations and prosecutions, including with respect to counter-terrorism proceedings against perceived political opponents and members of the judiciary.
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3800; e: said.benarbia(a)icj.org