Guaranteeing Innocence Till Trial: The Significance of Defending the Accused within the Context of Battle and Political Upheaval in Tunisia

Within the context of battle and political upheaval that Tunisia is at the moment experiencing, it’s important that the accused within thebecause the nationwide flag is known as stay harmless till trial. Particularly since, on this case, nothing lower than the safety of public officers within the efficiency of their duties is concerned.

Dr Mounir Hanablia

Swimming is that sport which, practiced in a horizontal place, saves the cardiac work essential to remove the results of the hydrostatic stress of the blood on the vessels of the legs, in relation to the conventional upright place of the human being. . It additionally saves muscle effort by splitting Archimedes in order that the load of the physique when swimming is lowered by what it’s within the water.

Nevertheless, if we choose the latest occasions that befell on the Radès swimming pool, the connection with Archimedes would solely be established to the extent that there are civil servants within the efficiency of their duties, now. “within the pool”discovering themselves topic, to talk within the language of physics, to different forces that are inclined to cancel their movement, at the very least.

It will not be acceptable right here to touch upon a authorized matter which remains to be at an early stage. It’s higher not to take action by remembering some normal ideas, beginning with the one which pertains to the assault on the integrity and honor of the nationwide flag, linked to an act of treason within the context of conspiracy in opposition to the interior safety of the group. a rustic

Mortgage to nationwide jurisdiction

If such a regulation was established, it’s as a result of there was a time when the Republic of Tunisia was in peril of disappearing with an establishment referred to as Caliphate, then requested by a (not so small) a part of the voters, the purple and white flags bearing the sickle. and the celebrities had been usually changed with the black and white stars of the Daesh terrorist group. Essentially the most notorious instance is clearly nonetheless the “gazoua” from the School of Letters of Manouba in 2012 underneath the federal government of Hamadi Jebali, the one who, in a second of exaltation, had linked the electoral victory of his celebration to the arrival of the sixth caliphate.

We don’t see why such a regulation would have been handed as a result of, earlier than the emergence of jihadism, the nationwide flag was by no means displayed, even throughout demonstrations in opposition to state coverage, and however, the opposition in marching underneath the nationalism. the flag was at all times involved with opposing the moniker of patriotism to which it had at all times been accustomed.

In any case, the Penal Code revealed in 2019 didn’t point out any crime in opposition to the nationwide flag that might be punished by authorized proceedings, and it’s higher to make clear that our nation by means of a brand new Structure from 2022 as a part of a so-called set. “umma”which is the primary problem to nationwide sovereignty, with the second within the period of globalization, that worldwide legal guidelines to which our nation is a signatory take precedence over nationwide laws when they’re in opposition to one another

The interpretation on the degree of sport is made up by the complete independence of the nationwide federations in relation to their very own States to the extent that they see political interference allowed by excluded from worldwide competitions. Nevertheless, what occurred on the Radès swimming pool fell inside a world framework the place the authority of the host nation would have the only real function in precept to make sure order and safety. And nobody complained of a breach of public order inside or outdoors the pool.

The very fact stays that civil servants had been certainly accountable for the group that day on the swimming pool, however till confirmed in any other case, if there was a fault, they might not be on the aspect of out of doors the conventional framework of public motion, any dispute however apparent violence in opposition to folks, injury to property, or monetary interference, can solely be resolved by administrative justice.

A nationwide patriot together with one other, international one

To deal with the query of the power of the symbolic value of the flag within the illustration of nationwide sovereignty, it could de jure and facto exclude using another flag all through the territory of the nation, outdoors the diplomatic representations of international international locations, or the protocol for welcoming worldwide visitors.

That is clearly not true in any respect. The most effective instance of that is how the Palestinian flag is unfold within the nation; with out questioning the deserves of the wrestle of the Palestinian folks for the popularity of their nationwide rights, we should imagine that Tunisian patriotism is accompanied by one other, international one, with out the Tunisian State taking disgrace, and that clearly raises a sure variety of primary questions. , which we are able to not ignore, at a time when honorable individuals are disadvantaged of their freedom with out trial for having eliminated or coated the nationwide flag of their nation out of extreme enthusiasm, by means of lack of care , or by means of stupidity, at a world time. competitors, topic – we must always not neglect – in keeping with worldwide requirements and guidelines to which our nation selected to subscribe in order that we had the best to take part.

Based on what was mentioned, our nation can be sanctioned for not complying with worldwide anti-doping requirements, to the extent that the best to its colours can be exhibit in worldwide competitions.

To search out tasks, why would the political authority on the highest degree, in different phrases the ministry of management, have given permission to take part in such a contest crossing nationwide jurisdiction, which he now denies his inappropriate nature?

To return to the flag, any sacred character which may be a priori ought to forestall the pale items of material in tatters topic to the vagaries of meteorology that we regularly see displayed on the faces of nobody any to deal with them, and above all, with out this ever inflicting any lawsuit. Certainly, who would have the flexibility to demand accountability on the topic from a sovereign establishment?

Apparently critical violations of jurisdiction

Nevertheless, we out of the blue selected to desert our tolerance on the topic by presenting critical violations of jurisdiction at a world sporting occasion, which few would in any other case have heard of, and by transferring across the situation of the nationwide flag. that’s utterly uncommon within the Tunisian habitus.

Suspicious proof so nice as to expunge scores, so widespread in all human societies, filed a file of convictions which might not in any other case have been opened, or brought on deprivations of liberty, with out judgment, so damaging to the accused. their honor, their our bodies, their fame, and their households.

Within the context of battle and political upheaval that the nation is at the moment experiencing, the accused should stay harmless till the trial. All of the issues which can be thought of, on this case, are lower than the safety of the general public officer within the efficiency of his duties.

To complete and put issues in perspective, we must always not neglect within the context of sports activities that the French nationwide anthem was promoted on the Stade de France in 2008 throughout a gathering between France and Tunisia by Tunisian supporters, eliciting scathing feedback from Nicolas Sarkozy about respecting French colours in his youth, and Michel Platini, the footballer who was the top of the European federation, responded: “Whistles have at all times been in stadiums; In my time, politicians did not care about soccer..

* Free physician’s draft.