84. The submission for an ex gratia settlement can also be very effective. It is
the administrative means allowing the seizure of the supervisory administrative
authority which is hierarchically superior such as the heads of administration
(Minister, Governor….), and this before submitting a complaint or instituting a
lawsuit against an administrative body before the competent legal authority.
85. The application of judgments: Difficulties have arisen at the level of the
application of the judgments. The Chairperson of the Supreme Human Rights and
Fundamental Freedoms Council seized the President of the Republic to that
effect. The Head of State immediately gave instructions for the setting up of a
Committee chaired by the Secretary General of the Government to ensure the
monitoring of the application of judgments and to find appropriate solutions for
each case. This Committee is currently solving the problems of application
submitted to it, either through seizure of the administration concerned, or through
the granting of fair compensation if the application proves impossible due to
unavoidable circumstances.
ARTICLE 3
Equality before the law and equal protection of the law
86. Article 3 of the Charter stipulates that « every individual shall be equal before
the law » (paragraph 1) and that they « shall be entitled to equal protection of the
law » (paragraph 2).
87. Article 6 of the Constitution of the Republic of Tunsia sanctions this principle
by enunciating that « all citizens have the same rights and the same
responsibilities. They are equal before the law ». The ambition of this egalitarian
vision of all the citizens before the law is to guarantee, without any discrimination,
the security of the individuals living on its territory against all violations and to
punish the perpetrator of any aggression.
88. Several legislative measures had been taken to guarantee equality before the
law and the equal protection of the law including notably:
- Law n° 2000-43 of 17th April 2000, amending and completing certain Articles of
the Criminal Procedure Code and instituting the principle of two tier proceedings
in criminal cases. This law strengthens the rights of those brought to justice and
improves the proceedings of criminal justice;
- Law n° 2000-77 of 31st July 2000, amending and completing certain provisions
of the Criminal Procedure Code creating the office of penalty application Judge so
as to establish judicial control on the conditions of imprisonment and on the
execution of sentences of imprisonment, of reinforcing the guarantees given to
those convicted and to sanction the humanitarian aspects of State policy;
- Law n° 2001-51 of 3rd May 2001, relative to the senior officials and agents of the
prison institutions and rehabilitation, was introduced to complete the provisions of
transfer of supervision on the prison institutions and their Departments to the
Ministry of Justice and Human Rights, thereby promoting the reinforcement of
individual liberties and extending the judicial supervision to the operation of
application of penalties;
- Law n° 2002-52 of 3rd June 2002, relative to the granting of legal assistance,
extended the benefits of this assistance in order to consolidate the right of the
poor citizen to go to court;
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