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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