A) From the Legal Perspective a) The Constitution 52. Tunisia’s commitment, under the terms of Article 2 of the Charter, finds its political and legal expression in the Constitution. In effect, the fundamental human rights are recognised and guaranteed by the Constitution, for all with no distinction whatsoever and with no reference to race, colour, sex, language, religion, to any political opinion or other, national or social origin, to fortune or to birth. Thus, Article 5 of the Constitution as amended by Constitutional law n° 2002-51 of 1st June 2002 stipulates that « the Tunisian Republic guarantees the fundamental freedoms and human rights in their universal, global, complementary and interdependent meaning ». Article 6 adds that « all citizens have the same rights and responsibilities. They are all equal before the law ». 53. Furthermore, Article 5 of the Constitution, amended on the 1st June 2002 guarantees the inviolability of the human person, the freedom of conscience and the free practice of religion. Article 8 of the Constitution enunciates that « the freedom of opinion, of expression, of the press, of publication, of assembly and of association are guaranteed and practiced under the conditions defined by the law ». Article 9 (new) stipulates that « the inviolability of the household, the secret of correspondence and the protection of personal information are guaranteed, except in exceptional cases as provided for by the law ». 54. Article 12 (new) of the Constitution amended on the 1st June 2002, relative to the presumption of the innocence of any defendant, expresses that « custody is subjected to probation, and an individual can only be placed in remand on the orders of the Court. It is prohibited to put anybody in custody or in arbitrary detention. Any defendant is presumed innocent until proven guilty following the application of a procedure which offers him the guarantees necessary for his defense ». 55. Moreover, Article 13 (new) of the Constitution, relative to the personalization of the sentence and to the non-retroactivity of criminal law, enunciates that « the sentence is personal and can only be pronounced by virtue of a law preceding a punishable act, except in case of milder wording ». It is further indicated that « any individual having lost his freedom is to be treated humanely, with respect for his dignity, in conformity with the conditions established by law ». 56. The right to property is guaranteed by Article 14 of the Constitution. Article 17 of the Constitution deals with the ban on extradition of political refugees. Concerning the protection of the national territorial integrity, this is governed by Article 15 (new) of the Constitution. The new Articles 72 and 74 of the Constitution have extended the authority of the Constitutional Council. Pertaining to Article 75 (new) of the Constitution, it underscores the compulsory nature of the rulings made by this body in electoral matters. 16