In an interview with Al Jazeera Net .. Nabil Pfon: For these reasons we demanded the release of Nabil Karoui

Asma Bakouche-Tunisia

In an interview with Al Jazeera Net, the head of the Independent High Electoral Commission, Nabil Bafon, talked about possible scenarios in case the candidate remains in the second round of the presidential elections, Nabil Karawi in prison, and highlighted the legal obstacles facing the commission, along with a number of other files.

- Is the final date for the second round of the presidential elections set for October 13, 2019?

- October 13, 2019 is the date of the second round of the presidential election, and this date will be officially announced, either on Tuesday, October 1, or Wednesday, October 2, 2019.

- When will the election campaign for the second round of presidencies between Qais Saeed and Nabil Al-Qarawi begin?

- The election campaign for the second round of the presidential elections starts 24 hours after the official announcement of the date of the elections, which is like the first electoral campaign governed by a number of legal controls.

However, this time, due to its overlap with the day of silence and legislative elections, the candidates for the second round of the presidential elections are not allowed to campaign for any party or candidate list for the legislative elections on Saturday and Sunday, October 5 and 6, 2019.

- In the first round of the presidencies, did you come under pressure from certain parties? From external parties, for example, demanding the release of the villager?

- We have not been under any pressure from any party, whether internal or external, we are in financial and administrative independence does not allow it in any way.

As for the delay in issuing the preliminary results of the second round and the ado about the "surprise" in the media, it was nothing but propaganda by these media for the electoral results.

There is no pressure, but there is a difficult equation to achieve in two parts: Exercise control of the election campaign and the dropping of votes for a candidate if proven serious crimes affecting voters, and on the other hand is the secretariat, which is entrusted by the Independent High Electoral Commission, which is to communicate the votes and the status of voters To the results.

This equation is very difficult, so we were late in announcing the results, and we have proved that the total number of irregularities cannot be electoral crimes, and therefore the votes of a number of voters cannot be thrown into the trash as they are stubborn.

It was a fair and transparent election, we were not subjected to any pressure from any party, and we can never be exposed.

- Do not you see that the acceptance of the candidacy of the villager who is hovering on suspicion of corruption and has a file before the judiciary, is a hybrid and contrary to the law?

- This issue has been raised since 2011, and was prevented from running for him an issue affecting honor, and then we have fought a lot in the concept of honor and its definition and what is meant, and it seems today that the review of the conditions of candidacy is seriously.

Although the issue is legal, it is also political, and these laws are products of the Legislative Council, and there is a legal aspect and also another political, and therefore the subject is left to the Council has all the powers.

We must not forget that the conditions of candidacy are offset by the issue of freedoms and public freedoms and the rights guaranteed by the Constitution, although it excludes what is excluded by law, but is it possible to prevent the candidacy of those who have a history of justice? What is the meaning of precedents Adliya? Are they all crimes? Is there a prison for political reasons prevented from running?

- But Nabil Karawi his case related to money laundering, a crime punishable by the law of terrorism, how to accept his candidacy?

- Nabil Al-Qarawi submitted his file and did not issue a ruling preventing him from running or voting or taking away his civil and political rights, and this makes the Commission accept his file.

There is nothing in the electoral law that prevents a person with judicial or criminal penalties from running for the presidential election, and any decision we will take will be overturned by the Administrative Court. The latter offends the body, because we are required to respect the legal rules as they are, which we did.

When Nabil Al-Qarawi submitted his file proving that he meets the conditions in his person and the conditions in his file, we should only accept his candidacy.

- Who is responsible for the legal vacuum and dilemma experienced by the Commission with the rise of a prisoner candidate for the second round?

- I have been in the Electoral Commission since 2011 and witness to all the problems that have been raised, and I think that there are important points that must be reviewed, which are several, the most important of which is the law of parties and their funding and resources, so that there is transparency based on electoral justice, in addition to reviewing the file of associations and party relations , And the overlap of their relationship, they are a smuggler for parties to get greater opportunities than the rest of the contenders.

There is also a need to reconsider the conditions of candidacy and add new ones to ensure seriousness in persons and in their programs.

Political discourse also needs to be revised. For example, today, we suffer in the concept of prohibited "political advertising" and the permitted "political propaganda", what is meant by political advertising? Neither the Commission nor the media can solve this problem.

Today, a new actor in the electoral process is social media. What is the legal framework for controlling this field, as well as sounding opinions, requires a clear law to regulate it after it has become clearly influential.

The election campaign itself has to be reviewed. To this day, we still deal with it in ways that seem to me primitive. Is hanging lists, data and photos on the walls of public buildings effective? Are these pendants seen by the citizen?

In the same context, we must review the conditions for running for the presidential elections, we had 97 candidates. Are we going to stay like this? Will we leave the media dealings with candidates this way? All these points will be raised by the Commission in the form of recommendations to be submitted to the House of Representatives. Certainly, the demands for revision will be numerous.

- Media circulated news about the intention of the villager to challenge the results of the second round of the presidential elections if not released, what do you think? Does his stay in prison threaten the electoral and democratic process since his stay in prison hits the principle of equal opportunity?

In fact, we are worried about the situation of the prisoner and the candidate for the second round of the presidential elections, Nabil Al-Qarawi, a strange and rare situation even in the world.The electoral law did not expect this situation.He expected the withdrawal of one of the candidates and the death of one of them, but he did not expect the candidate to be detained in prison.

This has made us confused, and talk about judicial trails of the electoral process premature, but this does not make us go any further.

We are keen on the principle of equal opportunities for candidates, and there is still an opportunity to achieve this, and we wish Mr. Nabil Karawi to accomplish his election campaign like Mr. Qais Said.

- Why iPhone called the President of the Republic to release the villager? Is not this a blow to the independence and impartiality of the Commission?

- We demanded the judiciary to release Nabil Karawi. Our meeting with the President of the Republic dealt with this strange situation, and he personally expressed his confusion with him, and we share the same views on this issue.

We have sent correspondence to the competent judicial authority to demand the release of the villager, and we move within a legal and constitutional framework, our role is to ensure the right to vote and the right to run, and this is not to prejudice the impartiality and independence of the Commission.

We are required to achieve the principle of equal opportunities between candidates, which is required by Chapter 2 of the electoral law, and this is what we seek to achieve and insist that what we do is the core of our competence.

- Is there any intention to suspend or postpone the second round of the presidential elections? Or cancel the results altogether and go to new presidential elections?

- So far these scenarios are not put forward, this is a judicial issue and we as a body seeking to provide all guarantees so that these elections are fair and transparent, and do not expect these issues to be raised, however, the circumstances in which these elections are unexpected and exceptional, and can not in this Time to judge beforehand.

All I can confirm is that the elections will be held in positive conditions, and this week I hope that the situation will change to take place on time.

- Is there a possibility to enable the villager to a TV debate with Said? If so, would it be via live broadcast, for example, from prison, or would he be temporarily released?

- This scenario is on the table, but the right to be Nabil Karawi outside the prison, one of the conditions of the TV debate confrontation and therefore its application calls for the personal presence of candidates in the same framework and in one place.

- The process of collecting recommendations for presidential candidates and rigging criticism of the Commission, do you think to amend the law on the candidacy and cancel the candidacy through the collection of recommendations?

- There are already problems with regard to the subject of the recommendations, and there are published cases, and we got harnesses (judicial warrants) from the investigating judges in relation to these recommendations, which some of the complainants claimed that they were lured, and found themselves unconscious without their knowledge.

They filed judicial cases, an investigation was opened, and the judiciary formally asked the Commission for copies of the lists of the mizkin.

As a body, we take matters as permissible and safe, as the legal presumption, but if proven otherwise, the judiciary is the one who arranges sanctions.

It is not possible to review the file of the recommendations at the moment, because the electoral law stipulated and did not provide for a specific form or formula, and therefore the body is not entitled to amend it, and the matter remains in the hands of the House of Representatives.

- In the 2014 elections also raised the subject of fraudulent recommendations, but did not hear that the judiciary issued a ruling on the subject?

- This is true, in the 2014 elections, the file of recommendations is heavier compared to 2019, but the judiciary has not taken clear judgments so far. But we must not forget that the violations of the election campaign were sentenced against some of the major sins, and reached one million dinars against lists committed irregularities, so we must not facilitate the electoral irregularities.

- Observers said that the campaign for legislative elections was lackluster, unlike the presidential election, has the impact of early presidential elections on the conduct of the legislative election campaign?

[Al-Nahar] Yes, it seems that the presidential elections have affected the course of the legislative elections, and the electoral campaign on its significance was below expectations. Despite the efforts of the media and the candidates on the ground, it has remained cool.

I believe that the specificity of this presidential election has intensified public opinion because what is happening is exceptional. One of the presidential candidates is in prison.

As a reminder, we have been forced to hold presidential elections before the legislative, a presidential election premature because of the death of President Béji Kaid Essebsi may God have mercy on him.