Tunisia
Information current as of: February 17, 2011
General
Official Country Name
Tunisian Republic (Tunisia). [1]
Geographical Region
Africa (Northern Africa). [2]
Death Penalty Law Status
Abolitionist de facto. [3]
Methods of Execution
Hanging. [4]
Shooting. [5]
References
[1]
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[3]
[4]
[5]
Country Details
Language(s)
Arabic. [1]
Population
10,486,339. (2010) [2]
Number of Individuals Currently Under Sentence of Death
At least 89.
At the end of 2018, there were at least 89 people on death row. [3] There were no executions and at least 12 new death sentences. [4]
(This question was last updated on May 31, 2019.)
Annual Number of Reported Executions
Executions in 2020 to date (last updated on July 1, 2020)
0. [5]
Executions in 2019
0. [6]
Executions in 2018
0. [7]
Executions in 2017
0. [8]
Executions in 2016
0. [9]
Executions in 2015
0. [10]
Executions in 2014
0. [11]
Executions in 2013
0. [12]
Executions in 2012
0. [13]
Executions in 2011
0. [14]
Executions in 2010
0. [15]
Executions in 2009
0. [16]
Executions in 2008
0. [17]
Executions in 2007
0. [18]
Year of Last Known Execution
1991. [19]
References
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Crimes and Offenders Punishable By Death
Crimes Punishable by Death
Aggravated Murder.
Premeditated murder, [1] parricide, [2] murder when it is preceded, accompanied or followed by another offense punishable by a prison sentence and murder committed in order to further or facilitate another offense, including to ensure impunity for the offense, [3] are punishable by death.
Other Offenses Resulting in Death.
When resulting in death, kidnapping, sequestration [4] and arson [5] are punishable by death.
Terrorism-Related Offenses Resulting in Death.
In December 2007, 30 people were put on trial for terrorism-related acts. Two were sentenced to death, one of whom had his death sentence commuted to life in prison on appeal. [6] They were reportedly prosecuted for belonging to an organization that had adopted terrorism to pursue its objectives, for having received military training to commit terrorist acts, for possession and transport of arms, explosives and munitions, recruitment and training of persons to carry out terrorist acts, participation in armed rebellion resulting in the premeditated death of people and the incitement of the population to kill one another. [7] It is possible that the one man still on death row for these offenses (Saber Ragoubi) was also convicted of offenses such as premeditated murder and attacks against the state security, which carry a sentence of death. [8]
Terrorism-Related Offenses Not Resulting in Death.
In December 2007, 30 people were put on trial for terrorism-related acts. Two were sentenced to death, one of whom had his death sentence commuted to life in prison on appeal. [9] They were reportedly prosecuted for belonging to an organization that had adopted terrorism to pursue its objectives, for having received military training to commit terrorist acts, for possession and transport of arms, explosives and munitions, recruitment and training of persons to carry out terrorist acts, participation in armed rebellion resulting in the premeditated death of people and the incitement of the population to kill one another. [10] It is possible that the one man still on death row for these offenses (Saber Ragoubi) was also convicted of offenses such as premeditated murder and attacks against the state security, which carry a sentence of death. [11]
Rape Not Resulting in Death.
Rape committed with violence, threat or use of a weapon is punishable by death. [12] Rape committed on a child younger than 10 years old is punishable by death. Rape committed on a child older than 10 years old with violence, threat or use of a weapon is punishable by death. [13]
Arson Not Resulting in Death.
Arson or destruction using explosive devices of State-owned goods is punishable by death. [14]
Treason.
Acts of treason (including attacks against state security) and provoking or offering to commit treason are punishable by death. [15]
Espionage.
Espionage and provoking or offering to commit espionage are punishable by death. [16]
Military Offenses Not Resulting in Death.
The Code of Military Justice provides for a number of death-eligible offenses (desertion, disobedience…). [17]
Other Offenses Not Resulting in Death.
-Attempt of a death-eligible offense. [18]
-Assault on a judge on duty, with threat or use of a weapon. [19]
Does the country have a mandatory death penalty?
No. When courts find mitigating circumstances, they have the power to impose a sentence of imprisonment in lieu of the death penalty. [20] As of January 2011 we did not find any exceptions to this rule for specific offenses; it appears that courts have discretionary sentencing power in all cases.
For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?
Tunisia has no mandatory death penalty. When courts find mitigating circumstances, they may impose a sentence of imprisonment in lieu of the death penalty. [21]
Crimes For Which Individuals Have Been Executed Since January 2008:
No individual has been executed since 1991 in Tunisia. [22]
Categories of Offenders Excluded From the Death Penalty:
Individuals Below Age 18 At Time of Crime.
Individuals can be sentenced to a maximum of 10 years imprisonment for a crime committed while younger than 18 years. [23] Additionally, Tunisia is party to the ICCPR [24] and to the Convention on the Rights of the Child, [25] which prohibit the execution of individuals for crimes committed while under the age of 18.
Pregnant Women.
Under national law, a pregnant woman cannot be executed before she has given birth to her child. [26] Additionally, Tunisia is party to the ICCPR, [27] which prohibits the execution of pregnant women.
Women With Small Children.
Tunisia is party to the Arab Charter on Human Rights [28] which under Article 7 prohibits the execution of nursing mothers within two years from the date of delivery.
Mentally Ill.
People who were insane at the time of the offense are not criminally liable. [29]
References
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[29]
International Commitments
ICCPR
Party?
Yes. [1]
Date of Accession
Mar. 18, 1969. [2]
Signed?
Yes. [3]
Date of Signature
Apr. 30, 1968. [4]
First Optional Protocol to the ICCPR, Recognizing Jurisdiction of the Human Rights Committee
Party?
No. [5]
Date of Accession
Not Applicable.
Signed?
No. [6]
Date of Signature
Not Applicable.
Second Optional Protocol to the ICCPR, Toward the Abolition of the Death Penalty
Party?
No. [7]
Date of Accession
Not Applicable.
Signed?
No. [8]
Date of Signature
Not Applicable.
American Convention on Human Rights
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
Death Penalty Protocol to the ACHR
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
African Charter on Human and Peoples' Rights (ACHPR)
Party?
Yes. [9]
Date of Accession
Mar. 16, 1983. [10]
Signed?
No. [11]
Date of Signature
Not Applicable.
Protocol to the ACHPR on the Rights of Women in Africa
Party?
No. [12]
Date of Accession
Not Applicable.
Signed?
No. [13]
Date of Signature
Not Applicable.
African Charter on the Rights and Welfare of the Child
Party?
No. [14]
Date of Accession
Not Applicable.
Signed?
Yes. [15]
Date of Signature
Jun. 16, 1995. [16]
Arab Charter on Human Rights
Party?
No. [17]
Date of Accession
Not Applicable.
Signed?
Yes. [18]
Date of Signature
June 15, 2004. [19]
2018 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [20]
Vote
In Favor. [21]
Signed the Note Verbale of Dissociation
No. [22]
2016 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [23]
Vote
In Favor. [24]
Signed the Note Verbale of Dissociation
No. [25]
2014 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [26]
Vote
In Favor. [27]
Signed the Note Verbale of Dissociation
No. [28]
2012 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [29]
Vote
In Favor. [30]
Signed the Note Verbale of Dissociation
No. [31]
2010 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [32]
Vote
Not Present. [33]
Signed the Note Verbale of Dissociation
No. [34]
2008 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [35]
Vote
Not Present. [36]
Signed the Note Verbale of Dissociation
No. [37]
2007 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [38]
Vote
Not Present. [39]
Signed the Note Verbale of Dissociation
No. [40]
References
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Death Penalty In Law
Does the country’s constitution make reference to capital punishment?
No, but under Article 5, the “inviolability of the human person” is guaranteed. [1]
Does the country’s constitution make reference to international law?
Under Article 32, the authority of regularly ratified treaties is higher than that of national laws. [2] In Article 5, the Tunisian Republic guarantees fundamental freedoms and human rights in their universality, comprehensiveness, complementarity and interdependence. [3]
Have there been any significant changes in the application of the death penalty over the last several years?
The last execution took place in 1991in Tunisia [4] and death sentences are infrequently handed down. [5]
In March 2008, 25 members of parliament submitted a bill proposing the abolition of the death penalty, but without effect. Former President Ben Ali is reported to have declared a few months before that he would "never sign an execution order." It is also said that former President Ben Alì almost systematically commuted death sentences. [6] During Tunisia’s 2008 review by the U.N. Working Group on the Universal Periodic Review, the Minister of Justice and Human Rights of Tunisia declared that “the files of those sentenced to death are periodically submitted to the procedure of death penalty commutation.” [7]
In a 2008 report to the U.N. Secretary-General, Tunisia reported that “although the death penalty has not been abolished, the President’s refusal to sign death warrants has led to a de facto abolition since 1991.” [8] Tunisia also indicated that “capital punishment is applied only in cases of premeditated homicide or homicide accompanied by aggravating circumstances.” [9]
In April 2008, the U.N. Human Rights Committee took note “of the solemn commitment reiterated by the President of the Republic that no sentence of capital punishment would be carried out.” [10]
During Tunisia’s 2008 review by the U.N. Working Group on the Universal Periodic Review, the Minister of Justice and Human Rights explained that Tunisia having de facto abolished the death penalty “has led to a debate on abolition within the society and Tunisia hope to make further progress along this path and to abolish the death penalty once and for all.” [11]
Following Ben Ali’s recent departure from power, FIDH reports that the new government has decided “to embark on the path towards abolishing the death penalty” and that the Council of Ministers of the transition government announced on the evening of 1 February 2011 that the country would sign the second optional protocol to the ICCPR regarding the abolition of the death penalty.” [12]
Is there currently an official moratorium on executions within the country?
Yes, even though the commitment was made by former President Ben Ali, [13] and it is not yet known, as of January 2011, if his successor will pledge himself similarly.
Have there been any significant published cases concerning the death penalty in national courts?
As of January 2011, we have not found any relevant jurisprudence relating to the death penalty in Tunisia. It should however be noted that death sentences are infrequently handed down. [14]
Where can one locate or access judicial decisions regarding the death penalty?
Tunisian jurisprudence can be accessed on http://jurisprudence.e-justice.tn/.
What is the clemency process?
Final death sentences are automatically transmitted by the Public Prosecutor to the President, who may decide to grant pardon or commute the sentence, based on the advice given by the Minister of Justice and the board of pardons. No execution can take place before a clemency plea has been denied. [15]
Under Article 43 of the Code of Military Justice no execution can be carried out before a clemency plea is brought to the head of state by the Defense Minister. [16]
It is said that former President Ben Ali almost systematically commuted death sentences. [17] During Tunisia’s 2008 review by the U.N. Working Group on the Universal Periodic Review, the Minister of Justice and Human Rights of Tunisia declared that “the files of those sentenced to death are periodically submitted to the procedure of death penalty commutation.” [18]
Are jury trials provided for defendants charged with capital offenses?
No. [19]
Brief Description of Appellate Process
Capital cases are tried by a criminal section of the tribunals of first instance located at a court of appeal. [20] Sentences can be appealed before the criminal section of a court of appeal. [21] Appeals of the courts of appeals’ decisions are heard by the Court of cassation, on matters of law only. The Court of cassation gives priority to capital cases. [22] If the Court of cassation overturns the court of appeal’s decision, the accused will be retried by another court of appeal or the same one, with different judges. [23]
The review of death sentences is mandatory. The Public Prosecutor has to transfer the files to the court of appeal and later on to the Court of cassation if the decision of the tribunal of first instance is upheld. [24]
Collateral review is also provided for by the Criminal Procedure Code. There are four situations in which the accused may ask for a review by the same court that handed down the death sentence. All four relate to the appearance of new facts or evidence calling into question the guilt of the death-sentenced person. [25]
Defendants can appeal the decisions of the military tribunals before the military Court of cassation. [26]
References
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[26]
Death Penalty In Practice
Where Are Death-Sentenced Prisoners incarcerated?
According to Human Rights Watch, about half of the death-sentenced prisoners are incarcerated at Mornaguia prison, near Tunis. [1]
Description of Prison Conditions
According to Amnesty International, as of December 2010, “prisoners remain on death row in dire conditions.” The organization reports the case of Saber Ragoubi, sentenced to death in 2007 in a terrorism-related case, who is said to be “held in solitary confinement. He is not permitted to receive visits from his family, nor receive correspondence.” [2] In general, Amnesty says that “prisoners serving sentences imposed for political or security reasons (…) are subject to discrimination and abuse in prisons.” [3] They are for instance denied medical care arbitrarily and on a discriminatory basis. “Medical doctors who had been among those imprisoned reported after their release that virtually all long term prisoners are ill due to poor prison conditions, including inadequate hygiene and medical care, and sometimes as a result of torture or other ill-treatment.” [4]
According to the U.S. Department of State in its 2009 human rights report, “current and former prisoners reported that the lack of basic facilities forced inmates to share a single water and toilet facility with more than 100 cellmates, creating serious sanitation problems…According to prisoners' families, the government imposed arbitrary restrictions, such as limiting family visits, when prisoners sought redress for grievances about treatment and conditions. On April 10 [2009], several families of prisoners arrested on terror charges published a letter on the Internet (tunisnews.net) to protest the cruel detention conditions in which their family members were being held throughout the country. The families alleged that the prisons were overcrowded, detainees were denied needed medical attention, denied access to family visits, and arbitrarily placed in solitary confinement.” [5]
A delegation of Human Rights Watch that visited two prisons in early 2011 confirmed that death row prisoners had been denied visits by their family for years, contrary to Tunisian legislation. Serious overcrowding and poor sanitary conditions remains obstacle and constitute inhuman and degrading treatment. [6]
Are there any known foreign nationals currently under sentence of death?
As of January 2011, we were not able to determine if foreign nationals are currently under sentence of death in Tunisia.
What are the nationalities of the known foreign nationals on death row?
As of January 2011, we were not able to determine if foreign nationals are currently under sentence of death in Tunisia.
Are there any known women currently under sentence of death?
As of January 2011, we were not able to determine if women are currently under sentence of death in Tunisia.
Are there any reports of individuals currently under sentence of death who may have been under the age of 18 at the time the crime was committed?
As of January 2011, we found no reports of individuals currently under sentence of death in Tunisia who may have been under the age of 18 at the time the crime was committed.
Comments regarding the racial/ethnic composition on death row
As of January 2011, we found no reports regarding the racial/ethnic composition on death row.
Are there lawyers available for indigent defendants facing capital trials?
Under Article 69 of the Criminal Procedure Code, the defendant heard for the first time by the examining judge in a felony case has the right to free legal representation if he is indigent. However, the examining judge has a duty to assign him a counsel only if the defendant asks him to do so. [7] Amnesty International reports that “some detainees in terrorism-related cases appear…to have been denied the legal representation when brought before an investigating judge for the first time, in violation of Article 69 CPP…In many cases involving terrorism-related offences that were reported to Amnesty International between 2004 and 2005, no lawyer was present to assist the detainee during the first hearing before the investigating judge. Some detainees later told their lawyers that they were not informed of their rights by the investigating judge or that when they requested legal counsel it was not provided and the investigating judge continued with the interrogation.” [8]
Representation by a lawyer is compulsory in capital cases and tribunals of first instance have to assign one to the accused if he lacks representation at the trial phase. [9]
Are there lawyers available for indigent prisoners on appeal?
Representation by a lawyer is compulsory in capital cases and courts of appeal have to assign one to the accused if he lacks representation at the appellate phase. [10] Tunisian law also provides for legal aid in cases where indigent defendants want to appeal the court of appeal’s decisions before the Court of cassation, in felony cases. [11]
Comments on Quality of Legal Representation
As of January 2011, we did not find information on the quality of legal representation in capital cases in Tunisia. However, based on different reports, prior to former President Ben Ali’s departure from power, it seems that criminal lawyers experience many difficulties providing effective legal representation in Tunisia. According to the U.S. Department of State, “in most cases the presiding judge or a panel of judges dominates a trial, and attorneys have little opportunity to participate substantively. (…) Defense lawyers claimed that judges sometimes refused to let them call witnesses on their clients' behalf or to question key government witnesses. Defense lawyers contended that the courts often failed to grant adequate notice of trial dates or allow time to prepare their cases. There were reports that judges restricted access to court records and evidence, especially to records and evidence the government held, and in some cases required all the lawyers working on a case to examine documents together on a single date in judges' chambers, without allowing them to copy relevant documents.” [12] Amnesty International supports these statements: “in terrorism-related cases, defence rights have been frequently disregarded in breach of Tunisian national and international law. Defence lawyers complain that they are not given adequate time and facilities to prepare the defence and are required to spend considerable time in seeking to obtain copies of case files, which are often incomplete and may lack key documents. Lawyers complain also that they are sometimes denied access to their clients during pre-trial detention on the spurious grounds that their clients do not wish to see them and that when they do have access to them client-lawyer confidentiality may also be breached by the detaining authorities. Lawyers representing detainees in terrorism-related cases are also routinely intimidated and harassed by state authorities.” [13]
Harassment of human rights defenders, including lawyers, is a very serious issue in Tunisia: they are prosecuted, their homes are searched, they are subject of surveillance and physical assaults… [14]
Other Comments on Criminal Justice System
In its 2008 briefing to the U.N. Human Rights Committee, Amnesty International denounced “a continuing pattern of torture and other cruel, inhuman and degrading treatment…of persons arrested and detained by Tunisian security forces…Most detainees are tortured or otherwise ill-treated while detained incommunicado during the period of garde à vue, pre-arraignment detention.” [15] In its 2008 Concluding Observations, the same Committee said it was concerned ‘by reports that, in practice, confessions obtained through torture are not excluded as evidence in a trial.” [16] In its 2009 human rights report, Amnesty mentioned that “there were new reports of torture and other ill-treatment in police stations and detention centres run by the State Security Department. Detainees were particularly at risk when they were being held incommunicado.” [17] By the end of our research in January 2011, the last report of ill-treatment was dated January 7, 2011. [18]
More information on criminal justice in Tunisia and the lack of independence of the judiciary can be found in a FIDH January 2011 report, “Instrumentalisation de la Justice en Tunisie”. [19]
References
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Decisions of International Human Rights Bodies
Decisions of Human Rights Committee
In its April 2008 Concluding Observations, the U.N. Human Rights Committee made the following observations and recommendations, among others:
-It welcomed “the fact that the State party considers itself de facto abolitionist” and took note “of the solemn commitment reiterated by the President of the Republic that no sentence of capital punishment would be carried out.” [1]
-It expressed concerns “about serious and substantiated reports that acts of torture and cruel, inhuman or degrading treatment or punishment are being committed in [Tunisia]” and recommended Tunisia to “ensure that all allegations of torture and cruel, inhuman or degrading treatment or punishment are investigated by an independent authority, and that the perpetrators of such acts, including their hierarchical superiors, are prosecuted and punished and that the victims receive reparation, including appropriate compensation; improve the training of public officials in this area; include detailed statistics on this subject in its [next] periodic report.” [2]
-It was also concerned ‘by reports that, in practice, confessions obtained through torture are not excluded as evidence in a trial.” [3]
-The Committee was concerned that “Tunisian law allows the police to make arrests and detain individuals for a period of three days, renewable subject to a judge’s consent. During these periods of deprivation of liberty, detainees do not have access to a lawyer. According to numerous reports transmitted to the Committee, the legal guarantees of persons deprived of their freedom are not observed in practice. Thus the lawful period of police custody is allegedly exceeded, in certain cases, without the persons arrested being allowed to undergo medical examinations and/or without their families being informed of their arrest. Furthermore, … persons deprived of their liberty do not have the right to take proceedings before a court so that it may decide without delay on the lawfulness of their detention. [4]
-While noting with satisfaction “the progress [Tunisia] has made towards abolishing the death penalty and commuting the death sentences of certain prisoners”, the Committee regretted “that the courts are still handing down death sentences and that in some cases persons condemned to death have not automatically had their sentences commuted” and was concerned “that the competent authorities take into account the time elapsed since a death sentence has been passed when taking a decision on commuting the sentence.” The Committee consequently recommended Tunisia to “take the necessary measures to commute all death sentences as soon as possible” and to “consider abolishing the death penalty and ratifying the second Optional Protocol to the Covenant.” [5]
-The Committee also recommended that Tunisia take measures “to strengthen the independence of the judiciary, in particular with respect to the executive branch.” [6]
Decisions of Other Human Rights Bodies
In the last ten years, the U.N. Working Group on Arbitrary Detention decided in two cases that Tunisian authorities had arbitrarily detained people, in 2003 and 2005 decisions. [7]
During its last review by the Working Group on the Universal Periodic Review in 2008, Tunisia supported the following recommendations, among others:
-To follow-up on the decision to not carry out the death penalty. [8]
-To consider cooperation “with, for example, the Special Rapporteur on the question of torture and the Special Rapporteur on the promotion and protection of human rights while countering terrorism.” [9]
References
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Additional Sources and Contacts
Direct member(s) of World Coalition Against the Death Penalty
Coalition Nationale tunisienne contre la peine de mort
Mr. Mohamed Habib Marsit
Coordinateur
67 rue Oum Kalthoum, 3e étage Esc, B
1000 Tunis, Tunisie
[email protected]
http://cntcpm.unblog.fr/
Coalition Nationale tunisienne contre la peine de mort
Mr. Lotfi Azouz
Directeur Amnesty International Tunisie
67 rue Oum Kalthoum
1000 Tunis, Tunisie
Tel: +216 71 353 417
Fax: +216 71 352 671
[email protected]
Coalition Nationale tunisienne contre la peine de mort
Mr. Ben Frej Hechmi
67 rue Oum Kalthoum
1000 Tunis, Tunisie
[email protected]
Conseil National pour les Libertés en Tunisie
Mr. Sihem Bensedrine
Porte-parole (Spokesperson)
4 rue Abou Dhabi
1000 Tunis, Tunisie
Tel: +216 71 24 09 07
[email protected]
Other non-governmental organizations and individuals engaged in advocacy surrounding the death penalty
Reprieve
PO Box 72054
London EC3P 3BZ
United Kingdom
Tel 020 7553 8140
Fax 020 7553 8189
[email protected]
http://www.reprieve.org.uk
Helpful Reports and Publications
Amnesty Intl., Tunisia, Briefing to the Human Rights Committee, MDE 30/002/2008, Mar. 1, 2008.
Amnesty Intl., Independent voices stifled in Tunisia, MDE 30/008/2010, Jul. 12, 2010.
Intl. Federation for Human Rights & Conseil National pour les Libertés en Tunisie, Instrumentalisation de la Justice en Tunisie – Ingérences, Violations, Impunité, http://www.fidh.org/Instrumentalisation-de-la-Justice-en-Tunisie, Jan. 12, 2011.
Additional notes regarding this country
Most of the answers to this questionnaire are based on information and reports prior to President Ben Ali’s departure from power and the subsequent cabinet reshuffle.