Ensure the prompt implementation of decisions taken by the criminal and administrative justice systems in favour of victims of torture and ill-treatment, as well as the decisions and recommendations adopted by international and regional bodies, particularly the United Nations treaty bodies whose competence to review individual communications has been recognised by Tunisia.
Guarantee the protection of procedural rights for individuals deprived of their liberty during arrest, police custody, and detention.
Revoke Decree No. 78-50 of 26 January 1978 regulating the state of emergency and end all administrative restrictions on liberty imposed by the Ministry of the Interior under this decree and other regulations that do not comply with international legal standards.
Reduce prison overcrowding by limiting the excessive use of preventive detention, in particular by introducing a judge of freedoms within the courts, responsible for verifying that all detentions are legal, necessary, and proportionate.
Amend Article 101bis of the Criminal Code, which defines torture, to align it with the definition of torture outlined in Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and amend Article 101 quater of the Criminal Code to remove the exemption from punishment for public officials or assimilated persons who report such acts 'in good faith'.
Establish a specialised judicial centre, comprising judicial police and magistrates, tasked with investigating allegations of torture and ill-treatment, and ensure it is fully equipped to operate independently.
Revise the Code of Criminal Procedure to ensure victims have an effective right to information and the ability to intervene at all stages of judicial investigations and criminal trials.
Decriminalise the illegal entry and residence of migrants and guarantee the full application of Organic Law no. 2018-50 of 23 October 2018 on the elimination of all forms of racial discrimination.
Repeal the articles of the Criminal Code criminalising gender identity and sexual orientation; put a definitive end to the practice of anal testing; amend criminal provisions based on vague notions such as 'good morals' or 'public morality', so that they can no longer be used as a basis for violating the rights of LGBTQIA+ people.
Protect freedom of association, as guaranteed by Decree-Law 88 on associations, and put an end to police, judicial and administrative harassment of human rights organisations and defenders. This includes repealing Decree-Law 54 on cybercrime to prevent its abuse against them.
Following Tunisia's ratification of the OPCAT, the National Authority for the Prevention of Torture (INPT) was created in 2013 and set up in 2016. Since then, the INPT has conducted numerous visits to places of deprivation of liberty, transmitted reports to authorities and published reports and statements. It has played an important monitoring role during the recent demonstrations that have agitated the country in recent years. However, the INPT currently faces challenges due to a decline in dialogue with the administration since the start of the state of exception on July 25, 2021, and by the failure of parliament to renew half of its members, whose terms expired in May 2022.
On March 16, 2023, the Code of Conduct for internal security forces, under the authority of the Ministry of the Interior, was adopted by presidential decree. The Code aims to reconcile the requirements of national security and the protection of individuals with respect for human rights. It includes a definition of torture in line with the international definition, contrasting with the narrower definition in the Tunisian penal code. Additionally, the Code outlines ethical principles for the conduct of security personnel. However, the absence of penalties for officers who violate both the Code and Tunisian criminal law raises concerns that it may be more symbolic than effective.
In March 2024, the Tunisian Administrative Court, for the first time, ordered the State to compensate a woman who suffered from multiple arbitrary restrictions on her freedom, amounting to police harassment. She had been placed under administrative control measures by the Ministry of the Interior for allegedly posing a threat to public order. An estimated thousands of Tunisians are subjected to similar control measures, experiencing police harassment that amounts to ill-treatment. The increase in such rulings could pressure the State to reform its security policies to better align with international standards.
Access to information must be guaranteed in every society, both in law and practice, to ensure State transparency and accountability. It allows organisations, journalists, and interested individuals to request data on the actions of public bodies, protocols, and statistics on human rights violations. This right not only enhances public debate and civic participation in decision-making but also helps improve public policies and safeguards the dignity of individuals in State custody. Civil society organisations and human rights defenders play a key role in monitoring access to information laws and their implementation. This indicator reflects the challenges of accessing information within the country—the higher the score, the lower the availability of data.
