Arrested in Tunisia? Your Rights in Police Custody

Read in: العربية / Français

Topic: Criminal law

Arrested in Tunisia? How long police custody lasts, extensions, your right to a lawyer, a medical exam, informing family and the rights of foreigners.

Under Tunisia's Code of Criminal Procedure, as amended by Law No. 2016-5, police custody (garde à vue, الاحتفاظ) normally cannot exceed 48 hours, and it can be extended only once, by a written, reasoned decision of the public prosecutor. From the start, the person held must be told their rights: to ask for a lawyer, a medical examination and for their family to be informed. Special, longer regimes apply to some offences, notably terrorism. Police custody in Tunisia: how long, and who can extend it? Custody is ordered by judicial police officers (police or national guard), with the authorisation of the public prosecutor and under their supervision. The time limits introduced by the 2016 reform are: Serious and intermediate offences (crimes and délits): a maximum of 48 hours. Extension: once only, by a written, reasoned decision of the prosecutor, for up to 48 hours for crimes and 24 hours for délits. Minor offences caught in the act (contraventions): only as long as needed to question the person, up to 24 hours, with no extension. These are maximums, not fixed terms: the person can be released earlier. Terrorism cases and some other offences have special regimes with longer limits and different rules, including the possibility of keeping the lawyer out for up to 48 hours from the start of custody, which this guide does not cover in detail. In those cases, contact a lawyer immediately. Right to a lawyer in Tunisian police custody This was the main change brought by the 2016 reform. The person held, or a family member, can ask for a lawyer from the very start of custody. If the lawyer asks, they can visit and speak privately with the person once for half an hour, and again if custody is extended; read the investigation file an hour before questioning; and attend questioning and confrontations, ask questions and add written observations. Once a lawyer has been named, questioning or a confrontation cannot go ahead without them, unless the person expressly gives up their choice or the lawyer fails to come despite being duly called. But the right only works if you use it: ask for a lawyer clearly from the outset, and ask for your request to be written in the report; if you don't know a lawyer, your family can choose one and contact them; for the most serious offences (crimes), if no lawyer has been chosen and the person asks for one, a lawyer must be appointed from the regional bar's duty list. Medical examination and informing your family The person held must be told, in a language they understand, about the measure taken, the reason for it, how long it can last and whether it can be extended, as well as their rights. These include: Informing someone close: the judicial police officer must notify, without delay and in a form that leaves a written record, a parent, child, brother or sister, spouse or another person the detainee chooses, of the custody and of any request for a lawyer. A medical examination: the person held, their lawyer or a family member can ask the public prosecutor or the judicial police officers for one, during custody or when it ends; a doctor is then appointed to carry it out immediately. A record of everything: custody is entered in a special numbered register signed by the public prosecutor, who checks it regularly, and the report must show dates, times and that the person was told their rights. Minors benefit from special protections and additional rules. Foreigner arrested in Tunisia: embassy, interpreter and your rights Foreign nationals have the same safeguards, plus some rights linked to their situation: being told about the measure and their rights in a language they understand, so ask for an interpreter if you need one; where applicable, notification of their country's diplomatic or consular authorities, as the law provides; those authorities can also ask for a lawyer or a medical examination, and consulates can usually provide a list of local lawyers and keep track of the case; the right not to sign a report whose contents they do not understand. If you are travelling, keep your embassy's emergency number and a copy of your passport somewhere other than your wallet. Police custody vs pre-trial detention People often confuse the two: Police custody takes place at a police or national guard station, lasts a limited number of hours, and happens during the preliminary investigation with the prosecutor's authorisation. Pre-trial detention (détention préventive, الإيقاف التحفظي) is ordered by a judge, mainly the investigating judge, and is served in prison. It is meant to be exceptional and is capped by a maximum set in the Code of Criminal Procedure. Release can be requested, and the investigating judge's orders on detention can be appealed before the indictment chamber. When custody ends, the person is either released or brought before the public prosecutor, who decides what happens next. That is when a lawyer's role becomes decisive. What if the rules were not respected? Custody beyond the legal time limit, rights not explained, a request for a lawyer or a doctor ignored: these irregularities can make the acts concerned null and void: Article 13 bis of the Code of Criminal Procedure states that all acts contrary to the procedures it sets are null. It is up to the lawyer to raise them before the judge. That is why it matters to remember every detail: times, who was present, what was said and what was written. A relative has been arrested: what to do Find out where they are being held: which police or national guard station. Contact a lawyer straight away; the first hours matter most. Tell the lawyer about any illness or medication, and ask for a medical examination if needed. Have the person's ID and proof of their address and job ready; these can help when they are brought before the prosecutor. Don't try to "negotiate" with officers or offer anything. Frequently asked questions Do I have to sign the police report? Read it carefully before signing and ask for anything that doesn't match what you said to be corrected. You can refuse to sign; the refusal is noted in the report. Will the person necessarily be held for 48 hours? No, that is a maximum. They can be released or brought before the prosecutor sooner. How long can pre-trial detention last? The Code of Criminal Procedure caps it according to the type of offence, with strictly regulated extensions. A lawyer will check the limits that apply and can apply for release. Do the same rules apply in terrorism cases? No. Special regimes allow longer custody and restrict some rights. Get a specialist lawyer involved as soon as possible. When should you talk to a lawyer? In custody, don't wait: every hour counts. A lawyer checks the conditions of custody, attends questioning, makes sure time limits are respected and prepares the defence before the person is brought before the prosecutor. Their role becomes central if pre-trial detention is being considered or the case is sent to court. The site's directory lets you find a lawyer registered with the ONAT (the Tunisian bar) in your city who handles criminal cases. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026