The “Committee for Justice” has released its fifth bulletin regarding the monitoring of the presidential elections in Tunisia, as part of its “Right to Free Elections” project. The bulletin covers the electoral activities and practices from August 30 to September 5, 2024.
This week witnessed a dramatic shift in the course of the Tunisian presidential elections, marked by a heated conflict between the Independent High Authority for Elections and the Administrative Court.
– Clash between the Election Authority and the Administrative Court:
The Election Authority refused to implement the Administrative Court’s rulings to reinstate three candidates into the presidential race. The court had rejected the authority’s decision to exclude their candidacies after reviewing all six appellate challenges. The court ordered the reinstatement of candidates (Mondher Znaidi, Abdellatif Mekki, and Imed Daimi), but the Election Authority argued that it had not been informed of the rulings in a timely manner. The Administrative Court, however, dismissed this claim, affirming that it had delivered the rulings on time in accordance with the law and the constitution.
– Widespread Rejection and Warnings Against Undermining the Rule of Law:
Several institutions and organizations condemned the Election Authority’s actions, emphasizing that its decisions are subject to the judicial oversight of the Administrative Court, which ensures the integrity of the electoral process. They stressed that the court has the final say in candidacy disputes, and the Election Authority is legally bound to implement these rulings.
Among those condemning the move were: the Association of Tunisian Judges, the Tunisian Constitutional Law Association, Judge Rafiqa Mabarki (President of the Union of Administrative Judges), the Tunisian General Labor Union, and 87 professors of law and political science from various universities in Tunisia.
On Monday, September 2, 2024, citizens, activists, and representatives of political parties, national organizations, and associations staged a protest in front of the central headquarters of the Independent High Authority for Elections in Tunis. The protest denounced the “Authority’s transgressions” and demanded it respect the Administrative Court’s rulings related to the electoral dispute.
– Accusations of Avoiding Media Accountability:
On Monday, September 2, 2024, the National Union of Tunisian Journalists accused the Election Authority of continuing what it described as “exclusionary practices” by barring all media outlets from covering the press conference where the final list of presidential candidates was announced. The union claimed that the Authority was using public resources to serve its exclusionary agenda and that this was an attempt to escape media accountability for its decisions, which contradict the rulings of the Administrative Court.
– Legal Action Against the Election Authority and Calls to Halt the Elections:
On Wednesday, September 4, 2024, excluded presidential candidate Imed Daimi announced that he held the Election Authority’s board members fully responsible for sabotaging the electoral process, stating that he would sue them internationally on an individual basis for their actions.
Additionally, the legal team of Abir Moussi, leader of the Free Constitutional Party, announced during a press conference on Wednesday, September 4, 2024, that they had filed two lawsuits: one to halt the electoral process and the other against the Election Authority.
– Prosecution of Candidates:
At the end of August, Ahmed Neffati and Henda Abbas, members of Abdellatif Mekki’s campaign, were summoned for investigation over financial crimes. On September 2, presidential candidate Al-Ayachi Zammel was arrested on charges of falsifying endorsements, which his campaign described as harassment intended to tarnish his image and prevent him from competing. On September 4, the public prosecutor issued an order for his detention and referral to trial. On September 5, his case was reserved for consideration of his release requests, with a future date to be set.
– State Media Ignores Presidential Candidates’ Events:
On Friday, August 30, 2024, presidential candidate Zouhair Maghzaoui criticized what he described as a “violation of journalistic ethics, the law, and the public’s right to information,” following the deliberate failure of state media to cover his latest press conference.
This newsletter provides an overview of recent developments in the Tunisian presidential elections, highlighting significant violations of civil and political rights as well as breaches of electoral law. It also focuses on the ongoing challenges faced by the candidates and the measures taken by authorities that undermine the integrity of the electoral process.
