Tunisia civil society organizations criticize the electoral commission decision to reject 3 presidential candidates News
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Tunisia civil society organizations criticize the electoral commission decision to reject 3 presidential candidates

The Tunisian Workers’ Union (UGTT) and the Tunisian Association of Constitutional Law (ATDC) have both harshly criticized the Tunisian electoral commission’s decision to reject an administrative court’s ruling that reinstated three candidates to the presidential elections. The statements described the move as a serious precedent that threatens the values of the Tunisian Republic, local media reported on Tuesday.

The UGTT described the decision by the Independent High Authority for Elections (ISIE) as a “serious historical precedent” that represents “a flagrant attack on the judiciary.” It added that the decision may have “a prior impact” on the elections’ results.

The ATDC said in its statement that although the ISIE is responsible for ensuring and organizing free, honest, and transparent elections, it is not exempt from the Administrative court’s supervision. The association also added that national laws don’t grant the electoral commission an exclusive mandate over the organization of the electoral process. The ISIE remains subject to the requirements of the rule of law which require judicial control.

The ATDC further explained that the Administrative Court is the competent jurisdictional body to control each stage of the electoral process and its decisions can not be appealed. Hence, no party has the power to assess, question, or refuse the implementation of the Administrative Court’s ruling.

The criticized decision concerns the ISIE’s rejection of two candidates, Mondher Znaidi and Abdellatif Elmekki from the presidential elections slated for October 6, despite a decision rendered by the Administrative Court reinstating both of the named candidates. The electoral commission justified its decision, sayimg that it didn’t receive copies of the Administrative court’s ruling within the legal deadline of 48 hours as stated in Article 47 of the Electoral Code. On top of that, the ISIE explained that it took into account the criminal cases brought against the potential candidates which included falsification of sponsorships.

Nevertheless, the ATDC specified in its statement that the Administrative Court asserted in a press release published on September 2 that it had communicated to the electoral commission the operative part of the contested decisions immediately after their delivery.

The ATCD also warned that the ISIE’s decision to defy the court’s ruling could undermine the integrity of the electoral process in addition to citizens’ trust in it. Furthermore, it would also affect political stability due to appeals that could be made against the results of the elections. At the end of its statement, the Tunisian association called on all the actors of the electoral process to comply with the requirements of the rule of law by respecting the entire body of law and placing the higher interest of the State above all considerations.