{
  "url": "https://openlegislation.uk/eu-decision-2011-72/annex/division-B",
  "json_url": "https://openlegislation.uk/eu-decision-2011-72/annex/division-B.json",
  "legislation": "eudn/2011/72",
  "legislation_title": "Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia",
  "legislation_url": "https://openlegislation.uk/eu-decision-2011-72",
  "path": "annex/division/B",
  "kind": "division",
  "number": "B",
  "heading": "Rights of defence and right to effective judicial protection under Tunisian law:",
  "text": "The rights of defence and the right to effective judicial protection\nIt 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:\nto any individual suspected of or charged with a criminal offence:\n1.. the right to judicial review of any act or administrative decision;\n2.. 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;\nto any individual charged with a criminal offence:\n1.. 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;\n2.. the right to have adequate time and facilities for the preparation of his/her defence;\n3.. 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;\n4.. the right to have the free assistance of an interpreter if he/she cannot understand or speak the language used in court.\nApplication of the rights of defence and the right to effective judicial protection\n1.. Zine El Abidine Ben Haj Hamda Ben Haj Hassen BEN ALI\nThe investigation or trial relating to the misappropriation of public funds or assets is still ongoing.\nThe 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.\n2.. Leïla Bent Mohamed Ben Rhouma TRABELSI\nThis 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.\n3.. Moncef Ben Mohamed Ben Rhouma TRABELSI\nThe 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.\n4.. Mohamed Ben Moncef Ben Mohamed TRABELSI\nThis 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 Ben Moncef Ben Mohamed Trabelsi were not respected.\n5.. Fahd Mohamed Sakher Ben Moncef Ben Mohamed Hfaiez MATERI\nThis 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.\nThe 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.\n6.. Nesrine Bent Zine El Abidine Ben Haj Hamda BEN ALI\nThis 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.\n7.. Halima Bent Zine El Abidine Ben Haj Hamda BEN ALI\nThis 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.\n8.. Belhassen Ben Mohamed Ben Rhouma TRABELSI\nThis 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.\n9.. Mohamed Naceur Ben Mohamed Ben Rhouma TRABELSI\nThe 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.\n10.. Jalila Bent Mohamed Ben Rhouma TRABELSI\nThe 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.\n11.. Mohamed Imed Ben Mohamed Naceur Ben Mohamed TRABELSI\nThe 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.\n12.. Mohamed Adel Ben Mohamed Ben Rehouma TRABELSI\nThis 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.\n13.. Mohamed Mourad Ben Mohamed Ben Rehouma TRABELSI\nThe 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.\n14.. Samira Bent Mohamed Ben Rhouma TRABELSI\nThe 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 Samira Bent Mohamed Ben Rhouma Trabelsi were not respected.\n15.. Mohamed Montassar Ben Kbaier Ben Mohamed MAHERZI\nThe 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.\n16.. Nefissa Bent Mohamed Ben Rhouma TRABELSI\nThe 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.\n17.. Habib Ben Kaddour Ben Mustapha BEN ZAKIR\nThe 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.\n18.. Moez Ben Moncef Ben Mohamed TRABELSI\nThis 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 Moez Ben Moncef Ben Mohamed Trabelsi were not respected.\n19.. Lilia Bent Noureddine Ben Ahmed NACEF\nThe 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 February 2012 Ms Lilia Bent Noureddine Ben Ahmed Nacef was heard by an investigating judge in the presence of her lawyers and by the fact that she was assisted by lawyers in the hearings before the Courts and that she availed herself of the right to appeal the first instance ruling.\n20.. Mourad Ben Hédi Ben Ali MEHDOUI\nThe 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 February 2012 Mr Mourad Ben Hédi Ben Ali Mehdoui was heard by an investigating judge in the presence of his lawyer.\n21.. Houssem Ben Mohamed Naceur Ben Mohamed TRABELSI\nThe 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 2 March 2012 Mr Houssem Ben Mohamed Naceur Ben Mohamed Trabelsi was heard by an investigating judge in the presence of his lawyer.\n22.. Bouthaina Bent Moncef Ben Mohamed TRABELSI\nThis 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 Bouthaina Bent Moncef Ben Mohamed Trabelsi were not respected.\n23.. Nabil Ben Abderrazek Ben Mohamed TRABELSI\nThe 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 16 February 2011 Mr Nabil Ben Abderrazek Ben Mohamed Trabelsi was heard by an investigating judge in the presence of his lawyer.\n24.. Mehdi Ben Ridha Ben Mohamed BEN GAIED\nThe 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 or asset recovery process on which the Council relied. This is demonstrated in particular by the fact that on 22 September 2011 Mr Mehdi Ben Ridha Ben Mohamed Ben Gaied was heard by an investigating judge in the presence of his lawyer.\n25.. Mohamed Slim Ben Mohamed Hassen Ben Salah CHIBOUB\nThe 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 or asset recovery process on which the Council relied. This is demonstrated in particular by the fact that (i) on 24 November 2014 , 12 January 2015 , 10 April 2015 and 2 December 2015 Mr Mohamed Slim Ben Mohamed Hassen Ben Salah Chiboub was heard in several cases by an investigating judge in the presence of his lawyers; (ii) the investigation against Mr Chiboub in Case 27638/6 was terminated on 30 March 2018 for lack of evidence and the decision to terminate the investigation was later confirmed on appeal; and (iii) Mr Chiboub was assisted by a lawyer during the arbitration proceedings before the Arbitration Committee of the Instance de la Vérité et de la Dignité (IVD).\n26.. Dorsaf Bent Zine El Abidine Ben Haj Hamda BEN ALI\nThe 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 4 October 2011 Ms Dorsaf Bent Zine El Abidine Ben Haj Hamda Ben Ali was heard by an investigating judge in the presence of her lawyer.\n27.. Sirine Bent Zine El Abidine Ben Haj Hamda BEN ALI\nThe 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 6 March 2012 Ms Sirine Bent Zine El Abidine Ben Haj Hamda Ben Ali was heard by an investigating judge in the presence of her lawyer.\n29.. Ghazoua Bent Zine El Abidine Ben Haj Hamda BEN ALI\nThe 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 October 2011 and 18 October 2012 Ms Ghazoua Bent Zine El Abidine Ben Haj Hamda Ben Ali was heard by an investigating judge in the presence of her lawyer.\n30.. Slim Ben Mohamed Salah Ben Ahmed ZARROUK\nThe investigation or trial relating to the misappropriation of public funds or assets is still ongoing. Following an application by Mr Zarrouk, the Arbitration Committee of the Instance de la Vérité et de la Dignité (IVD) handed down an arbitration decision which was confirmed by the Conseil de l'IVD on 24 December 2018 . This decision was challenged before the Court of Cassation. The case is pending. 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 or asset recovery process on which the Council relied. This is demonstrated in particular by the fact that on 16 January 2012 , 1 February 2012 and 22 June 2017 Mr Slim Ben Mohamed Salah Ben Ahmed Zarrouk was heard by an investigating judge in the presence of his lawyer.\n31.. Farid Ben Haj Hamda Ben Haj Hassen BEN ALI\nThe 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 3 October 2011 Mr Farid Ben Haj Hamda Ben Haj Hassen Ben Ali was heard by an investigating judge in the presence of his lawyer.\n32.. Faouzi Ben Haj Hamda Ben Haj Hassen BEN ALI\nThe 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 Faouzi Ben Haj Hamda Ben Haj Hassen Ben Ali were not respected.\n33.. Hayet Bent Haj Hamda Ben Haj Hassen BEN ALI\nThe 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 19 October 2011 Ms Hayet Bent Haj Hamda Ben Haj Hassen Ben Ali was heard by an investigating judge in the presence of her lawyer.\n34.. Najet Bent Haj Hamda Ben Haj Hassen BEN ALI\nThe 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 21 November 2011 Ms Najet Bent Haj Hamda Ben Haj Hassen Ben Ali was heard by an investigating judge in the presence of her lawyer.\n35.. Slaheddine Ben Haj Hamda Ben Haj Hassen BEN ALI\nThe 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 January 2012 Mr Slaheddine Ben Haj Hamda Ben Haj Hassen Ben Ali was heard by an investigating judge in the presence of his lawyer.\n36.. Kaïs Ben Slaheddine Ben Haj Hamda BEN ALI\nThe 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 21 April 2012 Mr Kaïs Ben Slaheddine Ben Haj Hamda Ben Ali was heard by an investigating judge in the presence of his lawyers.\n37.. Hamda Ben Slaheddine Ben Haj Hamda BEN ALI\nThe 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 Mr Hamda Ben Slaheddine Ben Haj Hamda Ben Ali was heard by an investigating judge in the presence of his lawyer.\n38.. Najmeddine Ben Slaheddine Ben Haj Hamda BEN ALI\nThe 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 12 November 2011 and 17 May 2013 Mr Najmeddine Ben Slaheddine Ben Haj Hamda Ben Ali was heard by an investigating judge in the presence of his lawyer.\n39.. Najet Bent Slaheddine Ben Haj Hamda BEN ALI\nThe 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 3 October 2011 Ms Najet Bent Slaheddine Ben Haj Hamda Ben Ali was heard by an investigating judge in the presence of her lawyer.\n40.. Douraied Ben Hamed Ben Taher BOUAOUINA\nThe 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 21 April 2012 Mr Douraied Ben Hamed Ben Taher Bouaouina was heard by an investigating judge in the presence of his lawyer.\n41.. Akrem Ben Hamed Ben Taher BOUAOUINA\nThis 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 Akrem Ben Hamed Ben Taher Bouaouina were not respected.\n42.. Ghazoua Bent Hamed Ben Taher BOUAOUINA\nThe 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 19 October 2011 and 25 October 2011 Ms Ghazoua Bent Hamed Ben Taher Bouaouina was heard by an investigating judge in the presence of her lawyer.\n43.. Imed Ben Habib Ben Bouali LTAIEF\nThe 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 June 2013 Mr Imed Ben Habib Ben Bouali Ltaief was heard by an investigating judge in the presence of his lawyers.\n44.. Naoufel Ben Habib Ben Bouali LTAIEF\nThe 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 19 October 2011 Mr Naoufel Ben Habib Ben Bouali Ltaief was heard by an investigating judge in the presence of his lawyers.\n45.. Montassar Ben Habib Ben Bouali LTAIEF\nThe 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 in 2011 Mr Montassar Ben Habib Ben Bouali Ltaief was heard by an investigating judge in the presence of his lawyers.\n46.. Mehdi Ben Tijani Ben Haj Hamda Ben Haj Hassen BEN ALI\nThis 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 Mehdi Ben Tijani Ben Haj Hamda Ben Haj Hassen Ben Ali were not respected.\n47.. Slim Ben Tijani Ben Haj Hamda BEN ALI\nThe 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 Slim Ben Tijani Ben Haj Hamda Ben Ali were not respected.\n48.. Sofiene Ben Habib Ben Haj Hamda BEN ALI\nThe 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 22 March 2012 Mr Sofiene Ben Ali was heard by an investigating judge in the presence of his lawyers.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Substituted by Council Decision (CFSP) 2020/117 of 27 January 2020 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2011/72/annex/division/B",
    "retrieved_at": "2026-11-01T15:15:53.304988+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}