National Implementation of IHL
Organic Law No. 2013-53 Establishing and Organising Transitional Justice, 2013
Loi No. 2013-53 du 24 décembre 2013, relative à l'instauration de la justice transitionnelle et à son organisation

24.12.2013
31.12.2013
Yes
French: Journal officiel de la République tunisienne, No 105, 31 décembre 2013, p. 3655-3665; http://www.legislation.tn/sites/default/files/fraction-journal-officiel/2013/2013F/105/Tf2013531.pdf (last accessed on 11.12.2018)

Summary
On 15 December 2013, Tunisian National Constituent Assembly adopted a law establishing a range of mechanisms to deal with past human rights violations committed since 1 July 1955. Its purpose is to seek the truth about these violations, address accountability and pursue national reconciliation and non-recurrence. By “violation”, the Law means any serious infringement of a human right, committed by the State or any group of individuals acting in its name as well as by other organized groups.
Accountability is to be addressed by judicial and administrative commissions according to the domestic law in force. Article 8 of the law provides for the creation of specialized chambers to adjudicate cases related to gross violations of human rights as specified in international agreements ratified by Tunisia and in this law, such as deliberate killing, rape and any form of sexual violence, torture, enforced disappearance, and execution without fair trial guarantees. The specialized chambers, composed by non-politicized judges are established to deal with any case referred by the Truth and Dignity Commission— also created by this law— relating to election fraud, financial corruption and misuse of public funds.
The Truth and Dignity Commission’s main purpose is to document serious violations and to gather all data referring to victims. Its duty is to establish State responsibility and refer any case leading to proven individual criminal responsibility to the Public Prosecution Office. Reparations are also the Commission’s task as well as drafting recommendations regarding any relevant institutional reform. The Commission is also in charge of establishing a Committee for Vetting Public Servants and Institutional Reform.

Related laws and/or case-law: Criminal Code, 1913

Document
File TypeSizeFile Name
application/pdf 2,704 KB Tunisia - Organic Law Establishing and Organising Transitional Justice, 2013 [Fr].pdf
application/pdf 4,429 KB Tunisia - Organic Law Establishing and Organising Transitional Justice, 2013 [Ara].pdf
application/pdf 669 KB Tunisia - Organic Law Establishing and Organising Transitional Justice, 2013 [Eng - unofficial translation].pdf