I.
THE PARTIES
1.
Ms. Samia Zorgati (hereinafter referred to as “the Applicant”) is a Tunisian
national. She challenges the legality of the repeal of the 1 June 1959
Constitution by Decree-Law of 23 March 2011 as well as the adoption of the
27 January 2014 Constitution, without a referendum.
2.
The Application is filed against the Republic of Tunisia (hereinafter referred
to as the “Respondent State”) which became a party to the African Charter
on Human and Peoples’ Rights (hereinafter referred to as “the Charter”) on
21 October 1986 and to the Protocol on 5 October 2007. On 2 June 2017,
the Respondent State deposited with the African Union Commission the
Declaration provided for in Article 34 (6) of the Protocol by virtue of which it
accepts the jurisdiction of the Court to receive applications from Individuals
and Non-Governmental Organisations.
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the Application that after President Ben Ali was ousted as
president of the Republic of Tunisia, in January 2011, his successor, the
acting President Fouad Mebazaa, took oath of office by which he swore to
respect the 1959 Constitution then in force in the country. A few days
thereafter, he announced that it was no longer possible to abide by this
Constitution and subsequently passed Decree-Law of 23 March 2011
reorganizing public powers. On 16 December 2011, the Constituent
Assembly passed the constituent law on the provisional organization of
public authorities,1 which complemented the provisions of Decree-Law of 23
March 2011 and concentrated public powers in the hands of the President
1
See Constituent Law No. 2011-6 of 16 December 2011 on the provisional organisation of public
authorities.
2