Law No.5 and the Freedom of Demonstration and Assembly in Tunisia 2021

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Executive Summary:

The protests of January-June 2021 have led to large scale arrests of Tunisian demonstrators, which called into question the extent of enforcement of Law No. 5 of 2016 dated 16 February 2016, amending and supplementing some provisions of the Code of Criminal Procedure. This law organizes custody proceedings, guarantees the detainee’s rights, and ensures the conditions to a fair trial according to the January 2014 constitution and the universal human rights system.

The first section of this research focuses on the extent to which Law No. 5 was implemented on women in the arrests of January- June 2021, particularly during the arrest itself, based on extensive semi-directive interviews conducted by Belady's team with ex-detainees. This section addresses the detainee’s rights stipulated in the fifth paragraph of Article 13 bis (new) of Law No. 5, which includes the detainee’s right to be informed of their rights, the right to be informed of the reason for the arrest and its duration, the right to legal representation (retaining a lawyer), and the right to inform whomever the detainee chooses.

The second part of this research tackles the human rights violations against women during arrests, represented in physical, psychological or sexual violence. Subsequently, it addresses the effectiveness of the right of defense and the extent to which health procedures related to the Corona pandemic are respected within various detention centers

To refer to the full-text version: Law No.5 and the Freedom of Demonstration and Assembly in Tunisia 2021

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