Tunis-Carthage Court of First Instance!

The issue of violations of human rights and fundamental freedoms is constantly raised during debates, meetings and other events with a political connotation. Hundreds of statements and press releases cried foul and emphasized the seriousness of the situation. For his part, the president of the republic, Kaïs Saidthe master of the country since the announcement of the extraordinary measures on July 25, 2021, only denies this and confirms that there is no repression or targeting of political opponents. the head of government, Najla Boudeneven tried to praise the situation in Tunisia on the occasion of 41 universal periodic review (UPR). The head of government mentioned in a video recorded and broadcast on the occasion, when she had chosen not to participate in the event, the countless results and texts of avant-garde laws that the country had adopted.

Of course, these reforms and laws were passed before July 25, 2021! Of course, Najla Bouden had, without realizing it, praised the famous black decade! Obviously, after taking over later, the delegation opted for denial and confirmed that all was well in the land of the Jasmine Revolution! And of course there were human rights violations and excesses during the following days! We will not dwell on the summons of the director of Business News to the criminal brigade for an analytical article entitled ” Najla Boudenthe nice one woman based on Decree 54. We are not going to mention the publication on November 14, 2022 in the Official Gazette of the Tunisian Republic ofisia a decision of 26 September 2022 on rules and procedures for submitting candidacies for the parliamentary elections on 17 December 2022. That meansisia had accepted and rejected applications on the basis of a non-existent legal text. This time we will return to one of the most recurrent and scandalous violations in Tunisia. A measure contrary to one of the most sacred rights, namely to circulate and move freely.

Thus, on the morning of November 16, 2022, Tunisians learned that the party’s president Afek melodies, Fade Abdelkefihad been banned from travel. He stated in a November 16, 2022 Facebook post that the ban occurred at the airport when he attempted to board a flight. Fade Abdelkefi does not’havehave therefore not been notified of a travel ban following a judgment handed down by a Tunisian court or due to an investigation by the courts Tunisian. This is a great comeback of the famous procedure S17 ! A simple administrative procedure introduced at the time of Ben Ali was imposed on the Tunisian people in the name of national security. Fade Abdelkefi, would he represent a danger to national security? This measure was useful to the dictatorship before the January 14 revolution, as it provided Zine El Abidine Ben Ali the power to control the movements of his opponents and suppress them in various ways. The scope of this measure was extended after the revolution to persons suspected of having links with extremist and terrorist groups, in particular Daesh.

Le return to the application of the procedure S17 reminding us of the early days of the system after July 25, 2021. Elected officials, several political figures and former ministers had been put under house arrest etc prohibited trip. To date, there has been no explanation on this subject. The people who were under house arrest and those who had been banned from traveling had even always been able to travel without having given explanations from the official authorities about the application or the lifting of the procedure. S17. An attitude that can only confirm the random and unfair aspect of such a measure. It is therefore quite legitimate to conclude that the procedure S17 is really only a purely political measure that has no connection with the interests of the country and the security of the Tunisians. This is a map joker that every sovereign of what remains of our republic tries to exploit as he sees fit. This would explain the travel ban being targeted Fade Abdelkefipresident by Afek melodiesone of the main opposition parties and the only one that campaigned in favor of the “no” vote on the occasion of the referendum.

The power that is in place persecutes its opponents by maintaining the use of the procedure S17which according to experts and human rights activists is generally illegal and unconstitutional. The procedure S17 directly contrary to the basis of Article 24 of the 2014 Constitution which is taken up by the 2022 Constitution in Article 30. It is stated in both texts Every citizen has the freedom to choose his place of residence and to circulate within the territory, as well as the right to leave it. ». In addition, Article 49 of the 2014 Constitution and 55 of the 2022 Constitution specify that restrictions on rights and freedoms must be established by law and without affecting their content. However, the procedure S17 is an administrative measure that can only be taken by the Ministry of the Interior. There is no legal inquiry, no complaint or communication of information to the person concerned.

The unilateral application of a procedure that affects free movement and a person’s dignity constitutes a real threat to the rule of law and to the republic. It directly undermines citizen status, as the Ministry of the Interior operates freely and without restrictions. He can issue a travel ban under the pretext of applying the procedure S17 without consulting the body responsible for applying the law and defending the state, but also the citizens, namely the judges. Several people believed that the maintenance of this procedure meant the transformation of Tunisia as a whole into a giant detention center.

The people Tunisian could as a whole be covered by this measure without being heard or informed about the matter. The only way to realize it isis other than trying to travel. Each person must report to the airport equipment of his passport and try to fly to understand during this process ifwe regardless of whether they are subject to an administrative travel ban or not! The border services have therefore become a legal institution with responsibility for informing citizens about their situation. The airport off Tunis-Carthage turned into a real court. We go there for a final verdict: are we free or not? Do we have the right to travel or are we sanctioned by the executive branch? We file a case with the border police and we wait a few seconds, minutes or hours for some! The judge, the Ministry of the Interior in this case, will study the case and then rule on the case without even hearing the person concerned, a decision without basis, parachuted in and taken unilaterally in the image of the policy of our government and our president.

Sophie Ghoubantini

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