In 2016 Tunisia’s parliament adopted the landmark law on the right of those taken into police custody to see a lawyer.  As a result, detainees today are better protected against ill-treatment and forced confessions, but they still suffer from the authorities’ failure to apply the law fully and consistently. 

The right to an effective defense is a cornerstone of fair trial standards under international human rights law. The assistance of a lawyer, and the ability of the lawyer to engage in the array of activities necessary for preparing the defense, are fundamental to the right to a fair trial and to safeguarding against ill-treatment. The right of access to a lawyer is protected by a number of international and regional treaties, from the perspective both of an individual’s right to legal assistance and of the state’s obligations to afford detainees effective access to a lawyer.

Parliament adopted Law No.5, revising the Code of Criminal Procedure (CCP), on February 2, 2016, and the law entered into force on June 1 of that year. In addition to granting suspects the right to a lawyer from the onset of detention, the law also shortened the maximum period allowed for pre-charge detention from 72 hours to 48 for crimes, renewable once.

The police investigation stage is particularly important for the preparation of criminal proceedings, as the evidence obtained during this stage is usually the crux of the trial that follows. In addition, suspects taken into police custody are at risk of abuse. Human Rights Watch has documented how, under the old legal framework, the lack of a right to a lawyer while in police custody undermined the other rights of suspects. As shown in Human Rights Watch’s 2013 report Cracks in the System: Conditions of Pre-charge Detainees in Tunisia, many detainees in police custody said that, in the absence of a defense lawyer, they signed their confessions under threats of violence, intimidation, or slaps, rather than voluntarily.

The entry into force of the new law is a step in the direction of preventing torture, coerced confessions, and other abuses by ensuring access to a lawyer at the earlier stages of detention.

Human Rights Watch interviewed 17 lawyers who, since the entry into force of the new law, have defended suspects in pre-charge detention. We also interviewed state officials, representatives of the bar association, and associations that assist detainees. We interviewed 30 people who had spent days in police custody since Law No. 5 entered into force, including 21 persons who alleged that the police either did not inform them of their right to a lawyer or denied them access to one, despite their explicit request to consult a lawyer.

Report by the Human Rights Watch