abolition of forced labour in 1958. The membership to and ratification of these
Conventions confirmed the removal of slavery in Tunisia.
122. Tunisia ratified the « Convention against Torture and other cruel, inhuman or
degrading punishment or treatment » without reservations. It published the
declaration relating to the recognition of the competence of the Commission
against Torture in application of the Articles 21 and 22 of this Convention. Finally
it has accomplished all the required procedures for its entry into force and has
updated its legislation in order to harmonize it with this instrument.
123. For this purpose, the Penal Code had been amended by the law n° 99-89 of
2nd August 1999, amending and completing certain provisions of the Penal Code
in particular by providing a new Article (101 bis) which defines torture in
conformity with the provisions of the « Convention against Torture and other
cruel, inhuman or degrading punishment or treatment ».
124. Pursuing the new directives of the policy on criminality, the State got down to
a major humanization exercise of prison sentences with the objective of
preserving the dignity of the convicted persons.
In this context, it promulgated law n° 95-9 of 23rd January 1995, repealing the
rehabilitation and civil service labour which were the additional sentences
restricting the freedom of employment and which were additional to a prison
sentence. This decision is indicative of the concern of the State to promote
human rights, public liberties and the freedom of the individual in employment.
125. Decree n° 95-2423 of 11th December 1995, establishing the rules of
procedure for the centres of rehabilitation of child delinquents instituted systems
alternative to intra-mural imprisonment which consists in putting the child
delinquents in the open or semi-open re-education centres which are compatible
with the social milieu.
ARTICLE 6
The Right to the Liberty and the Security of the Individual
126. Article 6 of the Charter stipulates that « every individual shall have the right
to liberty and to the security of his person », that « no one may be deprived of his
freedom except for reasons and conditions previously laid down by law » and that
« no one may be arbitrarily arrested or detained ».
127. Tunisia guarantees the security of the people living on its territory, without
any discrimination, against all violations and punishes the perpetrator of any act
of aggression. It is mainly the Criminal Procedure Code which regulates the arrest
and detention of individuals charged with criminal offense. Thus, in conformity
with the principle of the territoriality of the criminal law, the guarantees relative to
custody, to remand and to imprisonment, provided for under Tunisian legislation,
are applicable to all without any discrimination whatsoever.
I- Protection against Arbitrary Arrest
128. The legislative measures taken during the period 1995-2005, in the area of
protection against arbitrary arrest are numerous, including in particular:
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