Opinion on the Draft Act on the Crime of Enforced Disappearance of Tunisia

The OSCE/ODIHR notes numerous positive features, which are overall in line with the provisions of the International Convention for the Protection of All Persons from Enforced Disappearance. At the same time, the Opinion provides a number of recommendations to fully implement Tunisia’s obligations under the Convention, in particular on necessary amendments to criminalize additional conducts and to ensure that general procedural rules do not exempt or unduly limit the extent of criminal responsibility or sanctions for the crime of enforced disappearance. The Tunisian drafters were also urged to exclude the possibility to impose death penalty for the crime of enforced disappearance and other crimes in general.