Ahmed Souab rejects Farouk Bouasker

The lawyer and former president of the administrative court, Ahmed Souab, categorically denied Farouk Bouasker, president of the Independent High Authority for Elections (Isie), in a statement to Business News on Wednesday, August 3, 2022.

Counsel for Afek Tounes and after filing the appeals, Me Souab confirmed that certain appeals relate to the result of the referendum contrary to what Mr Bouasker had stated the day before. He pointed out that the political party had directly called for the annulment of the results of the referendum. This is in total contradiction to the words of the President of Isie who had specified: “ Only three appeals were received by the Independent High Authority for Elections (Isie), filed by the Afek Tounes party, the “Achaab Yourid” party and by the “I Watch” organization, on behalf of a natural person, and relating to issues in in connection with the referendum campaign and certain registered offences “.

According to Ahmed Souab, Afek Tounes had requested in his appeal to declare certain laws directly related to the referendum unconstitutional, in particular the decree amending the electoral law and the decree amending the organic law concerning Isia.

The party demanded the annulment of all the results of the referendum or a recount of the votes. In this context, various arguments are put forward. First of all, the fact that the President of Isie on July 25 at about 11pm had announced a participation rate of 27.5%, so almost 24 hours later that rate rose to 30.5%, a difference of 400,000 additional votes. In addition to a discrepancy between the tables of results in 25 out of 33 boroughs.

The lawyer cited ISI’s lack of competence, its lack of independence and its lack of neutrality, which affected the results, as well as an absence of the body’s moral authority. For him, it is enough to listen to experts in the field of technical facts, especially Zaki Rahmouni and Sami Ben Slama, who were members of Isie in 2011.

The most serious thing, according to him, is that the members of the body did not apply their expertise and their specialties, and they managed the referendum in a technical and purely administrative way, as if they were ” a technical administration at the service of the Presidency of the Republic “.

In this context, Me Souab condemned the letter written by the head of state Kaïs Saïed, addressed to the Tunisian people and taken up by Isie, in which he called for a vote for the draft of a new constitution on the occasion of the referendum on July 25, 2022. Another thing , the chaotic leadership of Isie, which followed the amendment of the constitution of 8. July 2022. For him, the authority should have postponed the election because the changes had touched the bottom and not just the form.

He also spoke of interference by the head of state who interfered with Isie’s powers by imposing the timetable for the vote.

And above all, remember the episode of the violation of election silence on July 25 by the head of state at 8.00, which changed the situation during Isie’s complicit silence. According to him, the latter should have demanded that this speech not be disseminated in all media and all social networks and that it be retracted if necessary. The authority should have imposed electoral silence and, above all, it should have transferred the case to the public prosecutor: the Presidency of the Republic risked a fine of 20,000 dinars.

For the lawyer, the whole atmosphere of the election distorted the results.

Ahmed Souab also noted the non-neutrality of the public media. He recalled that Article 125 of the Constitution provides that ” independent constitutional bodies work to strengthen democracy “. Article 126, on the other hand, provides: The electoral body, called the “Independent Higher Authority for Elections”, is responsible for the administration of elections and referendums, their organization and their supervision in their various phases. It ensures the regularity, sincerity and transparency of the election process and announces the results. The authority has regulatory powers within its area of ​​competence.

The Authority consists of nine independent, neutral members, selected from among competent and honest people, who perform their duties for a single six-year term. One third of the members are renewed every two years “. For him, the authority did not play its role by referring to these two articles.

The lawyer clarified that Afek Tounes’ appeal was filed on Monday, where pleadings were held today, for a judgment scheduled for August 8, 2022, in the first instance.

The Administrative Court’s decision will be decisive, he insisted, because it will either establish the rule of law or it will establish the state of Pharaoh. And to emphasize that the Administrative Court has always sided with the rule of law.

Meanwhile NOUIRA

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