Avocats sans Frontières (ASF) Launches its Report on Tunisia: ‘Defending the Defence: Strengthening the Protection of Lawyers to Preserve Freedoms in Tunisia’
Lawyers for Lawyers is concerned about the situation of lawyers in Tunisia. Since the coup – that took place on 25 July 2021 – dozens of lawyers have increasingly been prosecuted and harassed, often based on charges related to ‘terrorism’ and ‘state security’. On 7 August 2023 Avocats sans Frontières (ASF) Tunisia published a comprehensive policy brief highlighting the challenges and violations faced by lawyers in Tunisia as well as key recommendations for preserving their independence.
Summary of the Policy Brief
The policy brief traces back the important role played by lawyers in the Ben Ali regime until the present day and the significant attacks they have been subject to. Notably the post-2011 revolution period marked an important shift, with the recognition of lawyers as an essential component in realizing the democratic ideal. Despite lawyers still facing attacks, positive developments were halted following the 25 July 2021 coup. The suspension of the constitution was important for the security of lawyers. The new constitution withdrew many previous elements considered progressive for the advancement of the protection of lawyers and instead included provisions that excluded lawyers from public life and downgraded the judicial branch from a ‘power’ to a mere ‘function’. As a result, the frequency and degree of repression and attacks on their independence have only increased since 25 July 2021. Numerous lawyers have been prosecuted for acts carried out in the framework of their clients’ defence in both the civil and military courts, in a bid to intimidate and put pressure on these professionals.
Recommendations
Based on the analysis of the facts, ASF makes recommendations aimed at preserving the independence and freedom of lawyers. Among the key recommendations is the need to guarantee a safe environment conducive to the defence of lawyers, by preventing attacks, intimidation, and violence against them. This means putting an end to abusive lawsuits, protecting the confidentiality of exchanges between lawyers and clients, and combating smear campaigns.
Lawyers for Lawyers expresses its concerns over the situation of lawyers in Tunisia and fully endorses ASF’s report which highlights current patterns of violations against lawyers.
236 Tunisian lawyers filed a petition urging authorities to release lawyers Ghazi chawachi & Ridha Belhaj, who have been unjustly imprisoned for over 10 months. The petition criticizes prolonged detention without fair trials & alleges baseless charges. #Tunisia #Tunisie #????
— Mohamed Ali Azaiez ?? (@MohamedAlAzaiez) January 9, 2024
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