What are my rights if I am arrested in Tunisia?

Answer by the AvoConsulte editorial team

In police custody in Tunisia, you have the right to a lawyer from the start, to a medical examination, to have a relative informed, and to be told your rights in a language you understand. Custody normally cannot exceed 48 hours and can be extended only once, by a written, reasoned decision of the public prosecutor.

These guarantees were strengthened by Law No. 2016-5, which amended the Code of Criminal Procedure.

Your main rights in custody

• A lawyer: you or a family member can ask for a lawyer as soon as you are taken into custody. The lawyer can visit you, read the file before questioning and attend your questioning.
• Information: you must be told, in a language you understand, about the measure, why you are held, how long custody can last and whether it can be extended, and what your rights are.
• Family: the officer must inform a relative or another person you choose, without delay, of your custody and of any request for a lawyer.
• Medical examination: you, your lawyer or your family can ask for a doctor, during custody or when it ends.
• Time limits: up to 48 hours for serious and intermediate offences (crimes and délits); one extension, of up to 48 hours for crimes and 24 hours for délits; up to 24 hours, with no extension, for minor offences caught in the act. Longer, separate rules apply to some offences, such as terrorism.

If you are a foreign national

The law requires the officer to inform your country's diplomatic or consular authorities of your custody. The consulate can usually visit you, give you a list of local lawyers and contact your family with your consent, but it cannot get you released.

Practical advice

• Stay calm and don't resist.
• Don't sign a statement you have not read or understood; ask for an interpreter and for corrections.
• Note names, times and places if you can.

Custody is not pre-trial detention

Police custody is the short period before you are released or brought before the prosecutor. Pre-trial detention is a separate decision taken by a judge, mainly the investigating judge, and served in prison, with its own rules and remedies. The Code declares null any act that breaches the custody rules, so a procedure that did not respect your rights can be challenged.

For your own situation, contact a criminal lawyer as early as possible; the AvoConsulte directory lists lawyers registered with the ONAT by city.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. Loi n° 2016-5 du 16 février 2016, modifiant et complétant certaines dispositions du code de procédure pénale DCAF – Base de données de la législation sécuritaire tunisienne
2. قانون عدد 5 لسنة 2016 مؤرخ في 16 فيفري 2016 يتعلق بتنقيح وإتمام بعض أحكام مجلة الإجراءات الجزائية (الرائد الرسمي عدد 15، 19 فيفري 2016) Inkyfada (copie du JORT)
3. Guide pratique sur l'intervention de l'avocat au cours de la garde à vue Avocats Sans Frontières et Ordre National des Avocats de Tunisie
4. Code de procédure pénale (loi n° 68-23 du 24 juillet 1968, texte mis à jour) Police and Human Rights Resources (Amnesty International Pays-Bas)