Tunisia

Online conference on “Electronic legal transactions in North Africa” with the German Federal Bar Association

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Published: December 15, 2020
Graphics: IRZ
Graphics: IRZ
Tunisia

Because of the effects of the COVID-19 pandemic in particular, the subject of digitalisation is becoming a focus of attention in the justice system, as it is in many areas of our lives and work. It is against this backdrop that IRZ’s project section for Africa organised a series of events this year on the complex subject of the “Digitalisation of the justice system”. One of these events was the regional conference on “Electronic legal transactions in North Africa,” which took place on 9 December 2020. The online event was organised by IRZ in partnership with the Tunisian Ministry of Justice and the German Federal Bar Association (BRAK). Around forty members of the judiciary from Tunisia, Morocco and Algeria took part in the conference, which was the first in a series of events organised by IRZ and BRAK. The event was financed by the German Federal Ministry of Justice and Consumer Protection.

The full-day online conference covered the following subjects:

  • The current status of the digitalisation of the justice system in Tunisia, Morocco and Algeria
  • Electronic legal transactions in the justice system and in particular in the work of lawyers in Germany
  • Data security in electronic legal transactions
  • Digitalisation in the legal profession and in the administration of justice in Germany

The participants discussed their experiences in these areas in the context of current developments in Germany, Tunisia, Morocco and Algeria. It soon became clear that, despite the different approaches between the countries, similar problems need to be addressed in the digitalisation of the justice system.

The following institutions were represented at the online conference:

  • the bar associations of Tunisia and Algeria
  • the Tunisian chamber of notaries
  • the Ministries of Justice of Tunisia, Morocco and Algeria
  • courts in Tunisia, Morocco and Algeria

All participants in the conference see the digitalisation of the justice system as a great opportunity and they agreed that the process should be accelerated. The COVID-19 pandemic and the closure of almost the entire judicial system in North African countries have demonstrated the urgency of introducing electronic legal transactions. Compared with other areas, electronic legal transactions are still underdeveloped in North Africa: Claims are still submitted in paper form, there is almost no electronic communication between those working in the justice system, and administrators have not received the relevant training.

The judiciary and lawyers therefore work much more slowly than is the case in Germany, for example. With legal transactions being processed in paper form, the closure of courts as a result of the COVID-19 pandemic also had the major disadvantage of making it completely impossible for citizens to access the law, rather than just more difficult. This situation has shaken confidence in the rule of law and made the justice system dependent on physical factors. Digital procedures are therefore essential for a modern justice system.

Lively discussions took place at the conference, underlining the remarkably high level of interest shown by the participants in this complex and topical subject. IRZ plans to continue and intensify its partnership with North African partner countries in the area of e-Justice. The objective is to create a platform for discussing current developments, challenges and successes in the relevant countries and thereby get all those working in the justice system involved.

Exchange of experiences on “Alternative forms of punishment and alternatives to pre-trial custody”

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Published: November 23, 2020
Joining the discussions from the IRZ office in Tunis were: Imed Derouiche (on the right), Public Prosecutor General in Tunisia and Head of the Judicial Service at the Tunisian Ministry of Justice, and Mohamed Ben Said, a lawyer, university professor and member of the commission for the reform of the Tunisian penal code
Joining the discussions from the IRZ office in Tunis were: Imed Derouiche (on the right), Public Prosecutor General in Tunisia and Head of the Judicial Service at the Tunisian Ministry of Justice, and Mohamed Ben Said, a lawyer, university professor and member of the commission for the reform of the Tunisian penal code
Tunisia

On 18 November 2020, IRZ organised an online exchange of experiences on “Alternative forms of punishment and alternatives to pre-trial custody”, which was joined by representatives from the Tunisian Ministry of Justice, as well as a number of criminal court judges from various courts in Tunisia. The event took place as part of the current working programme on legal cooperation between the German Federal Ministry of Justice and Consumer Protection and the Tunisian Ministry of Justice.

The following experts took part on behalf of IRZ:

  • Andreas Stüve, Senior Public Prosecutor at the Düsseldorf Public Prosecutor’s Office
  • Pascal Décarpes, criminologist and international consultant on criminal justice and prison management

The following took part on behalf of the Tunisian project partner:

  • Imed Derouiche, Public Prosecutor General in Tunisia and Head of the Judicial Service at the Tunisian Ministry of Justice
  • Mohamed Ben Said, a lawyer, university professor and member of the commission for the reform of the Tunisian penal code
  • Dr. Farid Ben Jeha, presiding judge at the Court of Appeal in Monastir

The penal code in Tunisia has been undergoing a fundamental and comprehensive reform programme since 2014. The reforms include better protection of human rights in Tunisian criminal law, with a firm commitment from Tunisia in the form of the ratification of a large number of international human rights treaties. The reform process also aims to introduce more efficient processes and develop alternative penal sanctions, in order to reduce the workload of the courts and public prosecutors and relieve the increasing overcrowding of Tunisian prisons. The online exchange of experiences also addressed this aspect.

The Tunisian partners reported on the plans for wide-ranging new provisions in Tunisian criminal law, covering the definition of criminal offences and the prosecution and sentencing of offences, which are to be introduced as part of the current reform process. The presentation of experiences from the German criminal justice system highlighted the increased efficiency of criminal proceedings, sentencing and alternative penal sanctions, with the aim of limiting pre-trial custody and avoiding prison sentences. The alternative penal sanctions applied in Germany, such as fines and probation, are already used to some extent in Tunisia. They will, however, need to be developed further in the framework of the reforms in criminal law. It was in these areas in particular that the Tunisian partners were able to gain some valuable inspiration during the exchange of experiences and the Tunisian Ministry of Justice expressed its thanks to IRZ in this respect.

IRZ will therefore continue and intensify its cooperation with the Tunisian justice system in the field of alternative sanctions.

Trinational exchange of experiences on the HCA with Morocco and Tunisia

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Published: November 18, 2020
Graphics: IRZ
Graphics: IRZ
Morocco and Tunisia

On 5 November 2020, IRZ and the Moroccan and Tunisian Ministries of Justice organised an online exchange of experiences on the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (HCA). Morocco acceded to the HCA in 2010. Germany has already accepted Morocco’s accession, whereas it has yet to accept Tunisia's entry to the HCA in 2017.

Around forty representatives from both countries’ Ministries of Justice and justice systems took part in the discussions. Also in attendance was a representative of the Legal and Consulate department at the Germany Embassy in Rabat.

The experts taking part in the event on behalf of IRZ were Sabine Brieger, a former judge at the Local Court of Pankow/Weißensee and a former German liaison magistrate, and Martina Erb-Klünemann, a judge at the Local Court of Hamm and a German liaison magistrate.

The participants discussed the following three main topics:

  • mechanisms and instruments in national laws on the implementation of the HCA
  • judicial repatriation processes including enforcement
  • mediation in international child abduction proceedings

There were lectures on the first two subjects to outline current developments in the countries concerned and to discuss their respective experiences. Various aspects of the practical application of the Convention were discussed. For example, the HCA provides for support by a central state authority. This function is fulfilled in Germany by the German Federal Office of Justice, whereas in Morocco and Tunisia the Ministry of Justice is responsible as the central authority in international child abduction affairs. The participants also discussed the specific nature of proceedings to comply with the HCA. Afterwards, the German participants presented the mediation approach in connection with the HCA. Mediation is not yet in use in either Morocco or Tunisia.

This regional event led to a lively and wide-ranging exchange of experiences, with many people getting involved in the discussions. Both Morocco and Tunisia have expressed their needs and interests in continuing and expanding on cooperation in this field. IRZ is therefore planning a follow-up event for next year. The exchange of experiences was supported by the German Federal Ministry of Justice and Consumer Protection.