the President shall by decree prohibit the prosecution of civilians before the military courts

Mziou: The President must by decree prohibit the prosecution of civilians before military courts

The President of the National Bar Association of Tunisia, Hatem Mziou confirmed that the legal profession had managed to win the trust of Tunisians and play an important role in the country’s history.The order’s elective general assembly has become a national event… Tunisian citizens and all parts of civil society are closely following the proceedings in the Assembly… L’avocado is always connected with political life… Each chairman has beliefs and carries a project and ideas… I represent the legal profession… This is an important body based on professionalism and independence “, he declared.

Invited on October 4, 2022 by Myriam Belkadhi on the ether Shems FM, Hatem Mziou recalled that he had previously defended various individuals who were prosecuted because of their political affiliation. He was part of the committees for the defense of certain Islamists and individuals prosecuted in connection with the mining basin cases. He also indicated that he had gone to Sidi Bouzid on 31 December 2010, and that he had subsequently had various tasks within the national order.

Professionalism is not against involvement in public affairs… Among the foundations of our profession are the defense of human rights, democracy, a true republic, the achievements of the revolution and an independent, efficient and honest justice… The great leaders of the nationalist movement are lawyers… We are proud of the… We refuse to exploit the legal profession for the benefit of a given actor or political party… Lawyers have the right to join a party, but the structures of the bar association must not be exploited for this purpose left », he declared.

Asked about his presence with the former president of the order Abderrazak KilaniHate them Mziou insisted on the importance of the guarantee of a fair trial and the right of defence. He explained that this should not be affected by the defendant’s orientation. Mziou also expressed his opposition to prosecuting civilians in military courts. He asked the President of the Republic, Kaïs Saidto issue a decree prohibiting this. Military courts must according to him, decide on cases involving only members of the army.


Subsequently, the president of the order said that the power in place since Tunisia’s independence has not given the judiciary the necessary importance. He lamented the lack of resources, the deterioration of working conditions and the limited budget allocated to the Ministry of Justice. He insisted on the important social role of justice and the judiciary. He explained the executive branch’s intervention with its desire to guarantee the proper functioning of justice. He lamented the lack of will and initiative on the part of the judges to reform and clean up the sector. Mziou emphasized the importance of dialogue in such a process. The adoption of laws on this subject should not be unilateral. He evoked the example of the Scandinavian countries and believed that Tunisia should be inspired by these models.

The president of the order recalled that the principle of justice was innocence until proven guilty. He referred to the increase in the prison population and attributed this to the detention of individuals even in the absence of concrete evidence and for cases that do not require such convictions. Mziou explained that judges tended to commit defendants to prison in a systematic manner. He believed that the latter only realized the seriousness of their actions after the decision of the Presidency of the Republic to dismiss 57 judges.

hate Mziou assured that he opposes any violation of rights and freedoms and that he will continue the search for truth in cases of political assassinations. He argued that there was no absolute support for power in place, but some shared goals. He also explained that the lawyers were reluctant to take on certain cases such as constitutionalization of the role ofavocado and creation of a constitutional court composed entirely of judges.

SG

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