Tunisia's penal code dates to French protectorate
Laws on political offenses and state security need updating, with calls to recognize political prisoners.
Many laws currently in force in Tunisia originate from the French protectorate era, making it necessary to revise the Penal Code, which has become obsolete over time. Articles related to state security offenses require updating, and there is a call to recognize the status of political prisoners.
Before 1910, laws were drafted by the Tunisian Government Secretariat, but a Justice Secretariat was formed that year, led by Bernard Roy. This body oversaw commissions creating Tunisian laws, managing local judicial affairs, and publishing civil, commercial, and penal laws. This led to the promulgation of four codes: Obligations and Contracts (1906), Civil Procedure (1910), Penal Code (1913), and Criminal Procedure (1921).
Legislation for political offenses was directly copied from French law, unlike other legal areas which had a mixed system. These French laws were adapted to Tunisia's specific conditions. Before the protectorate, the 1861 'Law on Crimes' provided the basis for judging political cases, though it implicitly retained Islamic repressive systems for rebellion.
Why it mattersTunisians are affected by outdated laws from the French protectorate era that govern political offenses and state security.