zorgati v republic of tunisia application no 0162021 2024 afchpr 32 13 november 2024

zorgati v republic of tunisia application no 0162021 2024 afchpr 32 13 november 2024

The Court found that the Tunisian people participated indirectly in the drafting and adoption of the 2014 Constitution through their elected representatives, so the absence of a referendum did not violate Article 20. However, the Respondent State violated Article 26 by interfering in the independence of the judiciary through Decree-Law No. 2022-11 and failing to establish the Constitutional Court, and violated the independence of the legislature by suspending and dissolving the Assembly of People’s Representatives and assuming legislative powers for an extended period.

Citation
zorgati v republic of tunisia application no 0162021 2024 afchpr 32 13 november 2024
Parties
Applicant: Samia Zorgati; Respondent State: Republic of Tunisia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 November 2024
Procedural Posture
Application / Final Judgment
Outcome
Application partly allowed
Legal Topics
Self Determination, Judicial Independence, Separation of Powers, Admissibility, Jurisdiction, Reparations
Source Language
English
Constitutional Law Human Rights Law Administrative Law Self Determination Judicial Independence Separation of Powers Admissibility Jurisdiction +1 more

Case Brief

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Parties

Samia Zorgati

Applicant

Republic of Tunisia

Respondent State

Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 Whether the adoption of the 27 January 2014 Constitution without a referendum violated the right to self-determination under Article 20 of the Charter
  2. 2 Whether the Respondent State violated the independence of the judiciary under Article 26 of the Charter
  3. 3 Whether the Respondent State violated the independence of the legislature vis-à-vis the executive

Ratio Decidendi

The Court found that the Tunisian people participated indirectly in the drafting and adoption of the 2014 Constitution through their elected representatives, so the absence of a referendum did not violate Article 20. However, the Respondent State violated Article 26 by interfering in the independence of the judiciary through Decree-Law No. 2022-11 and failing to establish the Constitutional Court, and violated the independence of the legislature by suspending and dissolving the Assembly of People’s Representatives and assuming legislative powers for an extended period.

Court Disposition

Application partly allowed

Orders

  • Dismissed objection to jurisdiction and declared jurisdiction
  • Dismissed objection to admissibility based on non-exhaustion of local remedies