members and in the event of a tie the oldest member is
selected.
Art. 9 - The chairman and members of the authority are
appointed by decree for a six (6) years nonrenewable
mandate.
Before the performance of their functions, the chairman
and members take the following oath in front of the Head of
Government: "I swear by God the almighty to achieve my
functions with loyalty, honor and independence and to
preserve the professional secrecy ".
Art. 10 - The renewal of the authority composition is
done by half every three (03) years.
The chairman of the authority notifies to the assembly
in charge of the legislative authority the list of the members
concerned with the renewal and the date of the end of their
mandate, and this, three months before the expiry of their
mandate.
The members whose mandate is expired continue to
exercise their functions within the authority until the taking
up of duties of the new members.
Chapter 3
Of the guarantees of the good course of works of the
authority
Art. 11 – The members of the authority are considered
as being an administrative authority.
However, any
aggression against one of them is punishable in accordance
with the provisions of article 82 of the penal code.
Art. 12 - The members of the authority enjoy immunity.
Neither the chairman nor any member of the authority
may be continued or arrested because of opinions or acts
referring to the performance of their functions even after
the expiry of their mandate.
Neither the chairman nor any member of the authority
may be continued or arrested for crime or offence, as long
as the authority would not have raised the immunity which
covers them in the majority of its members.
However, in the event of obvious offence, it may
proceed to his arrest. The authority is informed without
delay. Detention is suspended if the authority requires it.
Immunity is lifted following a special deliberation of the
authority after the convocation of the interested party to
attend his hearing, and this, on the basis of emanating
request of the judicial authority accompanied by the case
file.
Art. 13 - The concerned authorities cannot make
objection to a periodic or unexpected visit of a given place
only for pressing and compelling reasons related to the
national defense, public security, natural disasters or serious
disorders in the place to be visited, which temporarily
prevent that the visit takes place, and this, via a justified
written decision which shall be immediately transmitted to
the chairman of the authority while mentioning obligatorily
the duration of the temporary ban.
Any person who transgresses the provisions of the
preceding subparagraph of the article herein is liable to the
disciplinary proceedings.
N° 85
Art. 14 - While respecting the legislation relating to the
personal data protection, no person may be continued to
have communicated information or to have revealed
secrecies referring to the exercise of torture or inform of its
author.
TITLE 3
The operation of the authority
Chapter one
Of resources
Art. 15 - The financial resources of the authority consist
of annual funds imputed to the State budget.
The rules of scheduling and keeping the accounts of the
authority are not subjected to the public accounts code.
The authority appoints an auditor for a period of four
(04) years nonrenewable, selected among the accountants
registered in the order of accountants of Tunisia.
The financial accounts of the authority are subjected to
the posteriori control of the court of accounts.
Chapter two
Of the attributions of the chairman of the authority
Art. 16 - The chairman of the authority takes care of the
course of its works, ensures the chairing of its meetings,
represents it at the thirds, safeguards its documents and he
is its director.
Within the framework of attributions which are
entrusted to him, he exercises the following prerogatives:
1- The administrative and financial supervision of the
authority as well as its agents,
2- Supervise the elaboration of the project of the annual
budget,
3- Supervise the elaboration of the annual report of the
authority,
Based on the deliberation of the council, the chairman
of the authority may ask the relevant authorities the taking
of adequate protective procedures during a serious violation
of the laws and regulations in force in the field of human
rights.
The chairman may also delegate, in writing, some of his
attributions to his vice chairman or a member of the
authority.
Chapter 3
Of the attributions of the authority
Art. 17 - The authority exercises the following
prerogatives:
1- Choose a secretary general of the authority among its
members who is responsible for reporting its deliberations,
2- Choose a vice chairman of the authority among its
members in order to supplement the chairman in the event
of prevention or absence by consensus, and failing this, by
an absolute majority vote,
Official Gazette of the Republic of Tunisia — 25 October 2013
Page 709
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