Following president of the republic Kais Saied’s latest decisions on imposing a travel ban and house arrest of businessmen, Tunisie Numérique has sought to find out whether the current constitution permits the President of the Republic to take such measures.
We, therefore, reached professor of constitutional law Aderrazek Mokhatar who revealed that the issue was governed by the constitution (article 24 relating to the freedom to move within the territory as well as the right to leave it) and by Law no. 197540 of May 14, 1975, reporting to passports and travel documents.
Mr Mokhatar pointed out that Articles 13 and 15 of this law stipulate that every person has the right to move without limitations, except for persons with final judgements issued against them, or their movement professes a threat to security and public safety.
Our speaker said that this hypothesis needs to be accompanied by the issuance of a judicial procedure by the first instance judge, which permits for the prohibition of travel on them and it is not permissible to suffice with a mere border measure.
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