The African Court of Human and Peoples' Rights issued a ruling against the actions of Tunisian President Kais Saied and demanded that he return to constitutional democracy and cancel several decrees.
This came in a ruling issued by the court yesterday, Thursday, following a lawsuit filed by Tunisian lawyer Ibrahim Belghith, according to the text of the ruling published by the court on its website.
The court demanded the cancellation of the presidential order (117) issued on September 22, 2021, and presidential decrees numbers: (69) that relieved the Prime Minister, the Minister of Defense and the Acting Minister of Justice, (80) related to the competencies of the Assembly of People’s Representatives and the lifting of immunity from representatives, and (109) ) who extended the procedures for Order 80;
which were issued on July 26 and 29, 2021, and August 24, 2022, and demanded the court to return to constitutional democracy from the date of notification of this ruling.
She was considering this case in the absence of the Constitutional Court (in Tunisia), and there was no other court or organ of the respondent State that could hear constitutional disputes related to the powers of the President brought by private individuals.
It added that the exceptional measures taken by the respondent state (Tunisia) were not issued in accordance with the laws in force in the respondent state, and were not proportionate to the purpose for which they were adopted.
The Court held that the respondent State had violated the right of the people to participate in the conduct of their public affairs as guaranteed in Article 13 of the African Charter on Human Rights.
According to the African Court, the Tunisian state has also violated Article 1 of the African Charter on Human Rights.
The court asked Tunisia to prepare a report within a period of 6 months starting from the date of notification of the judgment on the measures taken to implement it, and then submit a report every 6 months.
The African Court on Human and Peoples' Rights is a continental court established according to a protocol between 32 African countries in 1998 and entered into force in 2004.
Only 8 African countries - including Tunisia - filed with the Court declarations recognizing the Court's jurisdiction to receive cases directly from NGOs and individuals.
Tunisia has been experiencing an ongoing political crisis since July 25, 2021, when President Saied began imposing exceptional measures;
Including the dissolution of Parliament and the Judicial Council, the issuance of legislation by presidential decrees, and the passing of a new constitution for the country on July 25.
Political forces - foremost of which is Ennahda - see these measures as a coup against the 2014 constitution, and a consecration of absolute individual rule, while other forces see them as a correction to the course of the 2011 revolution, which overthrew the regime of late President Zine El Abidine Ben Ali.