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HRW condemns ‘skewed’ poll

Publish date: 09 September 2024
Issue Number: 1093
Diary: IBA Legalbrief Africa
Category: Tunisia

Tunisia's electoral commission has confirmed only three candidates for the 6 October presidential election, including incumbent President Kais Saied and a detained candidate, disregarding major court rulings that had reinstated three other contenders to stand in the polls. The Independent Electoral Commission for Elections confirmed Saied and two former Parliament members, Zouhair Maghzaoui and Ayachi Zammel, as the sole presidential candidates. It had previously disqualified 14 prospective candidates, including serious contenders to Saied, for various reasons. Human Rights Watch (HRW) notes that three of the rejected candidates won appeals against the electoral commission before Tunisia's administrative court (Abdellatif Mekki, Mondher Zenaïdi and Imed Daïmi). Decisions of the administrative court, which has exclusive jurisdiction over electoral candidacy disputes, are legally binding. Yet, Farouk Bouasker, the ISIE's president, on Tuesday said the commission was ‘unable to enforce’ the court rulings, and the list of presidential candidates ‘is final and not subject to appeal’. HRW notes that the electoral commission has been under the control of Saied since he restructured it in April 2022; its seven members are now nominated by the President. It said that instead of ensuring the integrity of the upcoming election, the commission has intervened to skew the ballot in favour of Saied. ‘Holding elections amid such repression makes a mockery of Tunisians' right to participate in free and fair elections. The electoral commission should immediately reverse its decision, enforce the administrative court's ruling, and end its political interference in this election,’ said Bassam Khawaja, HRW’s deputy director for the Middle East and North Africa Division.

Full HRW statement

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