Gathered in a general information assembly in Tunis, Tunisian lawyers reaffirmed, on Wednesday, their categorical opposition to remote trials, which they consider contrary to the principles of a fair trial and the fundamental right of the accused to an effective defense.
In a motion published by the National Order of Lawyers of Tunisia (ONAT), members of the bar stressed that holding trials by videoconference “infringes the right of the accused to be defended” and the transparency of the procedure. They believe that a “mere presence of formality” during such trials cannot confer legitimacy on judgments perceived as unfair.
Lawyers insist on the need to strictly apply basic procedural rules in all jurisdictions and to limit the number of cases assigned to each judicial chamber, in order to reduce the burden on the courts and guarantee litigants a fair treatment of their cases.
Towards an observatory of justice
The assembly decided to create a justice observatory within the Bar Association. This body will be responsible for monitoring compliance with the conditions of a fair trial and will regularly publish its evaluation reports.
At the same time, a reflection commission will be formed to identify the priority demands of the profession and propose a vision for reform of the judicial system. Its conclusions will be submitted to an extraordinary general meeting.
Call for judicial reform
The motion also calls for defending the rights of detained lawyers, “by all possible legal and professional means,” until their release. It emphasizes the need to guarantee fair trials for those prosecuted in cases related to freedom of opinion, expression or organization, ensuring respect for fundamental procedures and the competence of judges.
Finally, the lawyers urge the authorities to fill the vacancy in high judicial functions, in order to allow the Provisional Superior Council of the Judiciary to fully resume its activities, and warn against any pressure exerted on magistrates.
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