Tunisia
Tunisia has detailed counterterrorism provisions in a dedicated law adopted in 2015 and amended in 2019. There is no carve-out for the exercise of fundamental human rights. The death penalty can be imposed against convicted terrorists, although the sentence is not executed.
The Definition of Terrorism in Domestic Law
The offence of terrorism is defined in a dedicated 2015 law (as amended in 2019) as follows:
Any person commits, by any means whatsoever, for the execution of an individual or collective undertaking, one of the acts covered by article 14 and articles from 28 to 36 of this law where the act is intended, by its nature or context, to spread terror among the population or to compel a State or an international organization to do or refrain from doing something within its prerogatives.Art. 13, 2015 Counterterrorism Law.
The following predicate offences may constitute terrorist acts:
- Murder,
- Injuring or attacking another person unlawfully,
- Damaging the headquarters of a diplomatic, consular or international organization,
- Undermining food security and the environment, in such a way as to compromise food and environmental systems or natural resources or to endanger the life of the inhabitants or their health,
- Intentionally opening dam flood outlets or discharging toxic chemicals or biological agents into such dams or water facilities for the purpose of causing harm to the inhabitants,
- Causing damage to public or private property, vital resources, infrastructure, means of transport or communication, computer systems or public services,
- Inciting or advocating hatred, animosity between races, doctrines and religions.Art. 14, 2015 Counterterrorism Law.
Adherence to Global and Regional Terrorism Treaties
Tunisia is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
Tunisia is also a State Party to the main regional treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1999 Algiers Convention | State Party |
| 2004 Protocol to the Algiers Convention | State Party |
| 1998 Arab Convention on the Suppression of Terrorism | State Party |
Laws and Penalties for Terrorist Offences
Capital punishment is the ultimate penalty for terrorism offences, even though Tunisia does not carry out a death sentence. A 2015 law expanded the number of offences that carry the death penalty. The death penalty was imposed against convicted terrorists in January 2022.
Counterterrorism Capacities and Policies at Domestic Level
The Tunisian police has a primary role in counterterrorism operations in Tunisia along with the army.
Glossary
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