ARTICLE 7
The Right to a fair hearing
141. Article 7 of the Charter proclaims that « every individual shall have the right
to have his cause heard » and that this « right includes the right to appeal to the
competent national organs against acts violating his fundamental rights as
recognized and guaranteed by the conventions, laws, regulations and customs in
force, the right to be presumed innocent, the right to defence, the right to be tried
within a reasonable time by an impartial court ».
The measures and initiatives establishing the reform of the Tunisian judicial
system are in harmony with the spirit and the letter of the provisions of this Article.
I- The Presumption of Innocence
142. The principle of the presumption of innocence is sanctioned by Article 12 of
the Constitution which stipulates that « any detainee is presumed innocent until
proven guilty following a procedure which offers him the guarantees
indispensable for his defence ».
143. On its side, the Supreme Council of the Magistracy on the 31st July 1996
adopted a series of dejudicialization measures in the settlement of certain
conflicts such as family disputes, in a spirit of tolerance, or disputes unlikely to
cause major disturbance in the society or those which may cause insignificant
damages. Reconciliation or mediation calls for the granting of pardon by the
Judge and precludes, as much as possible, the launching of criminal proceedings
in substitution for civil compensation. These measures have the effect of limiting
pointless proceedings, so long as guilt is not established. Pertaining to the
offenses for which the established penalties are of short duration, the Council
recommends the granting of preference to punishment by suspended sentence,
rather than enforceable punishment.
II- The guarantees for the person accused of criminal offense
144. Informing the accused person of the nature and grounds of the accusation is
proclaimed by the law n° 94-80 of 4th July 1994, creating organization of the
profession of interpreters under oath, who also revert to the free assistance of
professional interpreters under oath for all communications intended for the
information and defence of foreign persons brought before the Public
Prosecutor’s Department or the courts of common law, but also specialists for the
deaf-mute.
145. The right of defence of detainees had also been strengthened by Decree n°
94-2127 of 10th October 1994 instituting the compensation for requisition granted
to trainee lawyers automatically appointed in criminal cases.
146. The same advantages are proclaimed in Decree n° 94-2196 of 24th October
1994, amending Decree n° 79-751 of 21st August 1979 instituting the elected
industrial tribunals in the headquarters of the Magistrates’ Courts, in order to
consolidate the right of the worker to go to Court. Besides, the deadlines for
seizure of the Judge of the industrial tribunal and pronouncement of the judgment
are repealed in view of the vital and human nature of social conflicts.
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