Tunisia: Parliament refuses to lift immunity of two MPs

Parliament’s decision

The plenary session of the Tunisian Parliament, held behind closed doors this Wednesday, decided not to lift the parliamentary immunity of MPs Olfa Marouani and Ali Bouzouiesia.

This conclusion was confirmed by the rapporteur of the Committee on Internal Order, Electoral Laws and Parliamentary Laws and the Electoral Function.

Context of requests for lifting of immunity

The requests for the lifting of immunity involved matters related to the exercise of their parliamentary functions, in particular the revelation of corruption files.

The internal system of the Tunisian Parliament provides specific mechanisms for parliamentary immunity, described in articles 21 to 27. These articles stipulate that the prosecution or detention of a deputy during the duration of his mandate cannot take place without the lifting of his immunity by the Assembly of People’s Representatives, except in cases of flagrante delicto.

Procedure for lifting immunity

The request for lifting immunity must be accompanied by the required supporting documents and presented to the President of the Assembly.

The decision is taken by a majority of members present during the plenary session, and sessions relating to immunity are held in secret.

The rapporteur of the Internal Order Committee emphasised that Parliament is not a judicial body and that the non-lifting of immunity does not mean that deputies are excused from legal proceedings. This measure seeks to protect them in the exercise of the functions for which they were elected. He also noted that MPs can be held accountable after their term ends.

Since the beginning of the legislature, Parliament has received 14 requests for lifting immunity, some of which have been processed, while others are still being examined. So far, only MP Sami Abdelaali’s immunity was lifted on October 10, 2023, following suspicions of embezzlement of public funds and presentation of illegal documents in a case brought by the Tunisian consulate in Palermo, Italy.

Non-major matters

The rapporteur of the Committee on Internal Order observed that cases implicating requests for the lifting of immunity are generally not major. They mostly include minor electoral offences or conflicts between deputies and local authorities, often in the context of defending citizens’ rights. In this context, he insisted on the significance of protecting MPs so that they can carry out their role without fear.

On March 6, 2024, Parliament had already declined to lift the immunity of seven other deputies during a closed session. These cases mainly concerned election-related matters and disputes with local officials, as well as one case related to the dissemination of information on social media.