11- Transmit its annual report to the President of the
Republic, to the Head of Government and the President of
the Assembly in charge of legislative authority as well as its
publication in the Web site and the Official Gazette of the
Republic of Tunisia.
Art. 4 -Within the framework of the exercise of its
functions, the authority is entitled to:
1- Obtain all the possible and essential administrative
facilitations,
2 – Access to all the information relating to the
detention places, their numbers and their sites as well as the
number of the persons deprived of liberty,
3 – Access to all the information relating to the
treatment of the persons deprived of liberty as well their
detention conditions,
4 - Access to all the detention places, their installations
and equipment,
5 - Proceed to interviews in private with the persons
deprived of liberty or any other person who may provide
information, without the presence of witnesses either on a
purely personal basis or, if necessary, by the intermediary of
a sworn interpreter.
Chapter 2
Of the composition of the authority
Art. 5 - The authority is composed of sixteen (16)
members as follows :
- Six (6) members representing the organizations and
associations of the civil society concerned with the defense
of the human rights,
- Two (2) university professors specialized in the social
field,
- One (01) member specialist in the child protection,
- Two (2) members representing the lawyers sector,
- Three (3) members representing the doctors, one of
whom shall be obligatorily a psychiatrist,
- Two (2) retired judges.
Art. 6 - The required conditions for the candidature to
the authority are the following:
1- To have Tunisian nationality,
2- To be 25 years old at least,
3- To be honest, independent and impartial,
4- Not to be condemned for bankruptcy by a final
judgment or revoked or erased of his functions for an
unspecified reason contrary to honor,
5- Not to be member at the assembly in charge of the
legislative authority during the mandate in which the
candidature was presented,
6- Do not have assumed any responsibility within the
dissolved party of the constitutional democratic rally,
neither have called the deposed president of the Republic to
stand as a candidate for a new presidential mandate, neither
have assumed a responsibility within the Government, nor
have served the post of a governor or sectary general of
Page 708
governorate or delegate during the Government of the
deposed president.
Art. 7 - The plenary session of the assembly in charge
of the legislative authorities chooses the members of the
authority among the candidatures submitted to the
specialized commission within the above mentioned
assembly in accordance with the following methods and
procedures :
- Six (6) members among eighteen (18) candidates
chosen by the commission among the candidates who
assumed responsibility during two years at least within the
organizations and associations which defend the humans
rights,
- Two (2) members among six (6) candidates chosen by
the commission among the academics specialized in the
social field,
- One (1) member among three (3) candidates chosen by
the commission among the specialists in the child
protection field,
- Two (2) retired judges among six (6) judges candidates
chosen by the commission,
- Two (2) lawyers among six (6) lawyers chosen by the
commission among the candidates who are not members in
the professional order,
-Three (3) doctors one of them (1) shall be obligatorily
a psychiatrist among nine (9) doctors chosen by the
commission whom three (3) of them shall be obligatorily
psychiatrists.
The candidature for the authority is opened by decision
of the chairman of the Commission within the assembly in
charge of the legislative authority, published in the Official
Gazette of the Republic of Tunisia, fixing the deadline and
the methods of deposit of the candidatures as well as the
conditions to fill.
The commission chooses the candidates in the majority
of three-fifth 3/5 of its members.
The chairman of the commission transmits to the
plenary session of the assembly in charge of the legislative
authority a list including the names of the candidates
classified in alphabetical order on the basis of parity in the
selection in accordance with the provisions of the article
herein, in order to choose the members of the authority in
the majority of the members by uninominal secret vote.
The candidates having obtained the greatest number of
votes are selected according to their classification. In the
event of equality of votes, the oldest shall be retained.
The office plurality of mandates at the authority and the
exercise of a responsibility within a political party or at the
assembly in charge of the legislative authority are not
allowed.
Is dismissed from his post, any member who proceeded
to present erroneous data.
Art. 8 - The elected members meet in first session
which shall be chaired by the oldest member to choose the
chairman of the authority among them by consensus, and
failing this by election, in the absolute majority of the
Official Gazette of the Republic of Tunisia — 25 December 2013
N° 85