While the right to a fair trial is formally established in the Tunisian Constitution, an assessment of proceedings at various courts shows that there is still room for improvement in the implementation of this fundamental right – be it in terms of ordinary laws (under the constitutional levels) or because of insufficient practical arrangements.
Shortcomings include the long duration of legal proceedings (five years on average), some structural weaknesses of the independence of the courts and an infringement of the right to an ‘adversarial trial’, because one party may not have access to all relevant information of a case. Also, the possibility to access to the courts and to legal remedy could be improved.
These are the results of an assessment of proceedings of the Administrative Court, the Competition Council, the Court of Auditors, the Finance Disciplinary Court, and the Constitutional Court, that was conducted by DRI. For a more detailed discussion of this issue, have a look at the newly published briefing paper (French only; Arabic forthcoming):