Col. Maj. Ali Fatnassi The Chief Prosecutor of Military Justice in the Republic of Tunisia The Africa Military Law Forum (AMLF)

First of all, I would like to thank AFRICOM for giving me the opportunity to attend “ The Africa Military Law Forum ” which is an important event to meet friends and colleagues and to exchange experience in the legal field in order to reinforce the Rule of Law in our countries. -The value of International contacts with colleagues, all over the globe cannot be overestimated. I feel, it’s more important for military judges and legal advisers to have some notions of foreign legal regimes and systems of law.

- I take this opportunity to acknowledge the work done by AFRICOM in the African Continent by contributing to the development of capable and professional militaries that respect human rights, adhere to the rule of law and contribute to stabilize their countries in a more effective way. - Dear sirs, / Ladies and Gentlemen Tunisia is engaged after the revolution in a deep movement of reform, especially concerning its Republican institutions, including Justice, which is an essential pillar of a State of law. The reform of the military justice, which is an integral part of the judiciary corps, was the most indicative sign in this regard.

- Before the reform of 2011, the institution of criminal proceedings requires the previous authorization of the Ministry of National Defense and he can suspend the execution of military tribunal sentences. These powers were considered by the international Commission of Jurists (ICJ) as undermining the independence and impartiality of military tribunals, and constitute an illegitimate interference with the judiciary. Indeed, the discretional power in the hands of the Ministry of Defense to suspend the execution of the sentence can result in the negation of the positive obligation sourcing in article 2 (1) ICCPR to bring to justice perpetrators of human rights violations.

Military Tribunals must in all circumstances apply standards and procedures internationally recognized as guarantees of fair trial. The independence and impartiality of military judges must also be observed both in terms of law and in practice. - Thus, the main idea of the reform is that military Tribunals must in all circumstances apply standards and procedures internationally recognized as guarantees of fair trial. The independence and impartiality of military judges must also be observed both in terms of law and in practice.

The decree-laws n° 69 dated on 29 July 2011 reformed and complemented the code of military justice. - The first decree-law n° 69 dated on 29 July 2011 reformed and complemented the Code of Military Justice and removed the exorbitant procedures in military justice.

The decree-laws n° 70 dated on 29 July 2011 established special status for military judges - The second decree-law n° 70 dated on 29 July 2011 established a special status for military judges and guaranteed their independence and impartiality.

Tunisian military justice has been also mentioned, for the first time in the history of independent Tunisia, in the new Tunisian Constitution promulgated on January 27, 2014 - Tunisian military justice has been also mentioned for the first time in the history of independent Tunisia in the new Tunisian Constitution promulgated on January 27, 2014,

Art. 110 para. 2 of the constitution : “ Military tribunals are competent to deal with military crimes. The law shall regulate the mandates, composition, organization, and procedures of military courts, and the status of military judges”. and specifically in chapter five on the judicial authority, which states in art. 110 para. 2 that “military courts are competent to deal with military crimes. The law shall regulate the mandates, composition, organization, and procedures of military courts, and the status of military judges”. -This is a big and long awaited step to give Tunisian military courts a constitutional basis and set aside the previous critics about the legitimacy of military justice.

Consecration of fair trial principles in military judicial system First Axis: Consecration of fair trial principles in military judicial system Thus, the reform was carried out in two axis. First Axis: Consecration of fair trial principles in military judicial system: This axis was reached through strengthening the independence of military justice, as one of the fundamental principles for the administration of justice according to international standards. The new reform has devoted new guarantees which apply both in peacetime and war, such as:

1 - The establishment for the first time in Tunisia after independence, of an appeal military court, empowered to hear appeals from lower military tribunals located in Tunis, Sfax and Elkef. The Court located in the Capital review case files if an appeal is launched against a judgment of a first instance military tribunal. 1 - The establishment for the first time in Tunisia after independence, of an appeal military court, empowered to hear appeals from lower military tribunals located in Tunis, Sfax and Elkef. The Court located in the Capital review case files if an appeal is launched against a judgment of a first instance military tribunal.

2 - The possibility for the victim to bring a civil action alongside with the public action, is now allowed in military tribunals under the rules and procedures laid down by the Code of Penal Procedure. 2 - The possibility for the victim to bring a civil action alongside with the public action, is now allowed in military courts under the rules and procedures laid down by the Code of Penal Procedure. This reform was inspired by the new trends in international criminal justice, which balance the rights of the victim with those of the accused.

3 - Widening the scope for appeals against decisions of the Military investigating judge. Indeed, all his decisions may be appealed by the accused, the victim or the military prosecutor in the same timeframe and procedures for the Judicial Investigating Judge. 3 - Widening the scope for appeals against decisions of the Military investigating judge. Indeed, all his decisions may be appealed by the accused, the victim or the military prosecutor in the same timeframe and procedures for the Judicial Investigating Judge.

4 - The adoption of the same timeframe applied in the judicial courts for appeals

5 - Limiting the jurisdiction of military courts against civilians.

6 - The closure of the case by the Prosecutor does not preclude the right of the injured party to public action on his own responsibility. 6 - The closure of the case by the Prosecutor does not preclude the right of the injured party to public action on his own responsibility.

The consecration of the independence of the military justice Second Axis: The consecration of the independence of the military justice Second axis: The consecration of the independence of the military justice. The second axis of the reform of military justice is reached through the following steps:

- Eliminating the requirement to obtain a preliminary order from the MND and military authorities before initiating prosecution. - The abolition of the possibility granted to the MND to suspend the execution of military sentences. 1 - Eliminating the requirement to obtain a preliminary order from the MND and military authorities before initiating prosecution. - The abolition of the possibility granted to the MND to suspend the execution of military sentences.

2 - Military judges are independent in the exercise of their duties and subject only to the supremacy of the law and their conscience. 2 - Military judges are independent in the exercise of their duties and subject only to the supremacy of the law and their conscience.

3 - Military judges are protected against the threats and attacks of any kind, in the course of or in connection with the performance of their duties. 3 - Military judges are protected against the threats and attacks of any kind, in the course of or in connection with the performance of their duties.

4 - The establishment for the first time in the history of Tunisian military justice of a Military Judicial Council, to ensure the independence of military justice , in that: 4 - The establishment for the first time in the history of the Tunisian military justice of a Military Judicial Council, to ensure the independence of military justice , in that:

* No judge may be, without the prior approval of the council, prosecuted or held in custody for a criminal offense. * No judge may be, without the prior approval of the council, prosecuted or held in custody for a criminal offense. However, if there is a flagrante delicto, the judge may be arrested. In this case, the council should be informed immediately.

* The Council of the Military Justice is competent in appointment, promotion of military judges. In addition, it examines applications for resignation and waiver of immunity and is responsible for everything related to the functions of military judges in general. * The Council of the Military Justice is competent in appointment, promotion of military judges. In addition, it examines applications for resignation and waiver of immunity and is responsible for everything related to the functions of military judges in general. The Council may also be consulted on matters affecting the operation of military judicial organs and the means to upgrade their work.

5 - military judges wear a special court dress , similar to the one worn by magistrates of the judiciary corps. 5 - At the hearings, as well as official ceremonies, military judges wear a special court dress, similar to the one worn by magistrates of the judiciary corps, but with few differences,

Special Court Dress for military judges And you will see this court dress on Thursday when you’ll assist at hearing in open military court. Third Level Judges Second Level Judges First Level Judges

6 - Military courts are composed solely of military and judicial judges. 6 - Military courts no longer, have in their composition, officers belonging to military units. They are composed solely of military and judicial judges. This reform will significantly change Tunisian military justice from a judicial apparatus often criticized for its exorbitant and exceptional rules to a justice specialized in military affairs, granting all the fair trial guarantees applied by ordinary courts, and we should be expect new reforms under the amendments provided by the constitution.

without justice, there is no law and without discipline there is no army To conclude, we can say that Tunisian military justice, like any other military justice, has the delicate task to ensure military discipline. Indeed, without justice, there is no law and without discipline there is no army. Thank you for your kind attention.

Thank you for your kind attention