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Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia article annex_I CELEX: 02011R0101-20241010 A. List of persons and entities referred to in Article 2
B. Rights of defence and right to effective judicial protection under Tunisian law:
The rights of defence and the right to effective judicial protection
It follows from Articles 20, 27, 29 and 108 of the Tunisian constitution, Articles 13, 47, 50, 59, 66 and 175 of the Criminal Procedure Code and Law No 2002-52 of 3 June 2002 that the following rights are guaranteed under Tunisian law:
— to any individual suspected of or charged with a criminal offence: 1. the right to judicial review of any act or administrative decision; 2. the right to defend himself/herself in person or through legal assistance of his/her own choosing or, if he/she has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; |
Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia article annex_I CELEX: 02011R0101-20241010 — to any individual charged with a criminal offence: 1. the right to be informed promptly, in a language which he/she understands and in detail, of the nature and cause of the accusation against him/her; 2. the right to have adequate time and facilities for the preparation of his/her defence; 3. the right to examine or have examined witnesses against him/her and to obtain the attendance and examination of witnesses on his/her behalf under the same conditions as witnesses against him/her; 4. the right to have the free assistance of an interpreter if he/she cannot understand or speak the language used in court.
Application of the rights of defence and the right to effective judicial protection |
Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia article annex_I CELEX: 02011R0101-20241010 1. Zine El Abidine Ben Haj Hamda Ben Haj Hassen BEN ALI The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection were respected in the judicial proceedings on which the Council relied. This is demonstrated in particular by the fact that during the trials in absentia a lawyer was appointed by the Court to defend the interests of Mr Ben Ali. 2. Leïla Bent Mohamed Ben Rhouma TRABELSI This person is absconding and is no longer present in Tunisia. The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection were respected in the judicial proceedings on which the Council relied. This is demonstrated in particular by the fact that during the trials in absentia a lawyer was appointed by the Court to defend the interests of Ms Trabelsi. |
Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia article annex_I CELEX: 02011R0101-20241010 3. Moncef Ben Mohamed Ben Rhouma TRABELSI The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection were respected in the judicial proceedings on which the Council relied. This is demonstrated in particular by the fact that on 5 March 2012 Mr Moncef Ben Mohamed Ben Rhouma Trabelsi was heard by an investigating judge in the presence of his lawyer.
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5. Fahd Mohamed Sakher Ben Moncef Ben Mohamed Hfaiez MATERI This person is absconding and is no longer present in Tunisia. The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection were respected in the judicial proceedings on which the Council relied. This is demonstrated in particular by the fact that during the trials in absentia a lawyer was appointed by the Court to defend the interests of Mr Materi. |
Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia article annex_I CELEX: 02011R0101-20241010 6. Nesrine Bent Zine El Abidine Ben Haj Hamda BEN ALI This person is absconding and is no longer present in Tunisia. The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection were respected in the judicial proceedings on which the Council relied. This is demonstrated in particular by the fact that during the trial in absentia Ms Ben Ali was represented by a lawyer. 7. Halima Bent Zine El Abidine Ben Haj Hamda BEN ALI This person is absconding and is no longer present in Tunisia. The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The Council has found no indication that the rights of defence or the right to effective judicial protection of Ms Halima Bent Zine El Abidine Ben Haj Hamda Ben Ali were not respected. |
Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia article annex_I CELEX: 02011R0101-20241010 8. Belhassen Ben Mohamed Ben Rhouma TRABELSI This person is absconding and is no longer present in Tunisia. The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection were respected in the judicial proceedings on which the Council relied. This is demonstrated in particular by a written commitment made by the Tunisian authorities to the Swiss authorities on 7 April 2014, in the context of the implementation of a letter rogatory, to respect the fundamental rights of Mr Belhassen Ben Mohamed Ben Rhouma TRABELSI and his rights of defence. |
Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia article annex_I CELEX: 02011R0101-20241010 9. Mohamed Naceur Ben Mohamed Ben Rhouma TRABELSI The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection were respected in the judicial proceedings on which the Council relied. This is demonstrated in particular by the fact that on 13 March 2012 and 16 March 2012 Mr Mohamed Naceur Ben Mohamed Ben Rhouma Trabelsi was heard by an investigating judge in the presence of his lawyer. 10. Jalila Bent Mohamed Ben Rhouma TRABELSI The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection were respected in the judicial proceedings on which the Council relied. This is demonstrated in particular by the fact that on 5 January 2012, 5 July 2012 and 27 February 2013 Ms Jalila Bent Mohamed Ben Rhouma Trabelsi was heard by an investigating judge in the presence of her lawyer. |
Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia article annex_I CELEX: 02011R0101-20241010 11. Mohamed Imed Ben Mohamed Naceur Ben Mohamed TRABELSI The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection were respected in the judicial proceedings on which the Council relied. This is demonstrated in particular by the fact that on 27 October 2016 Mr Mohamed Imed Ben Mohamed Naceur Ben Mohamed Trabelsi was heard by an investigating judge in the presence of his lawyer. 12. Mohamed Adel Ben Mohamed Ben Rehouma TRABELSI This person is absconding and is no longer present in Tunisia. The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The Council has found no indication that the rights of defence or the right to effective judicial protection of Mr Mohamed Adel Ben Mohamed Ben Rehouma Trabelsi were not respected. |
Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia article annex_I CELEX: 02011R0101-20241010 13. Mohamed Mourad Ben Mohamed Ben Rehouma TRABELSI The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection were respected in the judicial proceedings on which the Council relied. This is demonstrated in particular by the fact that on 23 February 2012 Mr Mohamed Mourad Ben Mohamed Ben Rehouma Trabelsi was heard by an investigating judge in the presence of his lawyer.
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15. Mohamed Montassar Ben Kbaier Ben Mohamed MAHERZI The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection were respected in the judicial proceedings on which the Council relied. This is demonstrated in particular by the fact that on 20 August 2011 and 2 October 2012 and 31 May 2013 Mr Mohamed Montassar Ben Kbaier Ben Mohamed Maherzi was heard by an investigating judge in the presence of his lawyers. |
Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia article annex_I CELEX: 02011R0101-20241010 16. Nefissa Bent Mohamed Ben Rhouma TRABELSI The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection were respected in the judicial proceedings on which the Council relied. This is demonstrated in particular by the fact that on 24 January 2012 Ms Nefissa Bent Mohamed Ben Rhouma Trabelsi was heard by an investigating judge in the presence of her lawyer. 17. Habib Ben Kaddour Ben Mustapha BEN ZAKIR The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection were respected in the judicial proceedings on which the Council relied. This is demonstrated in particular by the fact that on 24 January 2012 Mr Habib Ben Kaddour Ben Mustapha Ben Zakir was heard by an investigating judge in the presence of his lawyer.
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