The work of the National Criminal Reconciliation Commission will continue after November 11. The expiration of the second and final six-month extension does not prevent this institution from continuing its missions, said the president of the Tunisian Association for the Defence of Fair Trials (ATDPE) and lawyer in charge of the criminal reconciliation file, Walid Arfaoui. Arfaoui told TAP on Wednesday that the six-month period provided for in Article 8 of Decree-Law No. 13 of 2022 on criminal reconciliation and the allocation of its resources governs the mandate of the members of the commission and not that of the commission itself, reiterating that the President of the Republic can change the composition of this commission by decree the day after the expiration of the second extension period. In accordance with the provisions of Article 8 of the law on criminal reconciliation, a decree was published in the Official Gazette of the Tunisian Republic (JORT) on November 11, 2022. This decree provides for the appointment of the members of the National Criminal Reconciliation Commission for a period of six months. On May 12, 2023, a second decree was issued renewing the mandate of the remaining members of the Commission for a second period of six months, in accordance with the same article authorising the renewal of their mandate for a single period. The process of criminal reconciliation got off to a flying start when, in March 2022, the Cabinet approved the text of a decree law on criminal reconciliation between the State and businessmen involved in cases of financial corruption in exchange for their commitment to launching development projects in the regions. President Saïed announced at a cabinet meeting the adoption of a decree law on the recovery of funds stolen by businessmen "convicted of plundering the Tunisian people's money". During the swearing-in ceremony of the members of the Criminal Reconciliation Commission, Saïed stressed that this new structure is called upon to recover a sum of 13.5 billion dinars for the benefit of the Tunisian people, reiterating that the number of those who looted the country's money amounts to 460 people, according to the report of the National Commission of Inquiry into Corruption and Embezzlement. The process of criminal reconciliation: What results? What challenges? President of the Tunisian Association for the Defence of Fair Trials, Walid Arfaoui, told TAP that the Criminal Reconciliation Commission has so far received 250 reconciliation files and has fully examined 40% of them. He added that the association has reliable information that the Criminal Reconciliation Commission has so far collected 35 million dinars, adding that this amount could increase. This figure, he said, was "a positive sign", especially when compared with the amounts collected by the Truth and Dignity Commission (French: IVD), which had collected only 9 million dinars. The president of the association said work of the Criminal Reconciliation Commission has some shortcomings, stressing that there is still a lot to be done in terms of filling vacant positions, strengthening coordination between all administrations and courts, and the need to promote avenues of negotiation with those seeking reconciliation. He called for developing a more "attractive" policy towards those seeking reconciliation by exempting them from paying unjustified exorbitant sums, adding that some of them have difficulty in obtaining sufficient liquidity. He urged the public authorities to facilitate as much as possible the process of paying the sums due and to simplify the procedures for applicants by granting them preferential treatment, as part of a "balanced" approach that reconciles the right of the State and the right of the applicant for reconciliation.
Source: EN - Agence Tunis Afrique Presse