AN ELECTION DOES NOT A DEMOCRACY MAKE
Tunisia's electoral body dismisses court ruling that reinstated presidential candidates
Tunisia's electoral commission rejected on Monday an administrative court ruling that had reinstated three presidential election candidates, leaving just two challengers to face incumbent leader Kais Saied in next month's vote.
Issued on: 02/09/2024 -
A demonstrator carries a banner during a protest in Tunis demanding the reinstatement of three prominent candidates in the upcoming presidential race, on September 2, 2024. © Jihed Abidellaoui, Reuters
Tunisia's electoral authority on Monday announced it had approved three presidential candidates for the October 6 election, including incumbemt President Kais Saied, dismissing three other would-be candidates despite court rulings allowing them to run.
The three dismissed candidates had last week won appeals at the Administrative Court against a decision from the High Independent Authority for Elections (ISIE) disqualifying them from running.
The authority had said they had not obtained enough of the endorsements required to run for the top post. They were among 14 hopefuls whose bids for the race were rejected.
On Monday, the ISIE said its initial list was "definitive and not subject to appeal".
It said it was maintaining the same list announced on August 10 because "the administrative court did not officially communicate its decisions within the 48-hour deadline according to the law".
As it stands, former parliamentarian Zouhair Maghzaoui and businessman Ayachi Zammel are set to challenge Saied, the election's frontrunner.
Zammel was however arrested earlier Monday on charges of lying about details of his campaign, according to his team.
Zammel is the only approved candidate to be arrested, but he joins a list of presidential hopefuls who have been imprisoned or are facing prosecution.
Saied was democratically elected in 2019 but orchestrated a sweeping power grab in 2021.
On Saturday, a petition signed by prominent Tunisians and civil society groups urged that rejected candidates be allowed to stand in the October election.
Among the rejected candidates are Imed Daimi, an adviser to former president Moncef Marzouki, former minister Mondher Zenaidi and opposition party leader Abdellatif Mekki.
The petition said the administrative court's rulings on appeals "are enforceable and cannot be contested by any means whatsoever".
It called on the ISIE to "respect the law and avoid any practice that could undermine the transparency and integrity of the electoral process".
Tunisia election body ignores court in presidential vote
Tunis (AFP) – Tunisia's electoral board said Monday it approved three candidates for an October 6 presidential election, ignoring court rulings that had granted appeals by three other hopefuls who had been rejected.
Issued on: 02/09/2024 -
Tunisia's President Kais Saied pictured on December 24, 2023
© FETHI BELAID / AFP
The three dismissed candidates were among 14 potential contenders to be turned down by the electoral board, ISIE, last month for not obtaining enough endorsements to challenge President Kais Saied.
Last week, the three hopefuls unexpectedly won appeals at the administrative court against ISIE's decision, in a verdict the court called "definitive".
But on Monday, ISIE chief Farouk Bouasker said the board's initial list of candidates was also "definitive" and "not subject to appeal".
Bouasker said the ISIE was maintaining the initial list because "the administrative court did not officially communicate its decisions within a 48-hour deadline, as per the law".
Saied, the incumbent and election frontrunner, was democratically elected in 2019 but orchestrated a sweeping power grab in 2021 and has since ruled by decree.
Former parliamentarian Zouhair Maghzaoui and businessman Ayachi Zammel are now his only challengers in next month's poll.
Isabelle Werenfels, a political scientist at the Germany-based SWP institute, told AFP that ISIE's decision "has practically decided the outcome of the vote".
'Clear path ahead'
She also said that "part of the justice system under Saied's influence will obstruct the campaigns" of challengers Maghzaoui and Zammel.
On Monday, Zammel was arrested on charges of forging ballot endorsements and was later placed in police custody for 48 hours, members of his campaign said.
His arrest came a month after the treasurer of his Azimoun party was arrested on similar charges.
Several would-be candidates were accused of forging such signatures and barred from running for office.
Hatem Nafti, a political commentator and author of a forthcoming book on Saied's authoritarian rule, said the incumbent "now has a clear path ahead of him".
"The candidates who could have hindered Saied have just been eliminated," he told AFP, adding that ISIE's decision "has proved that there is no longer any rule of law".
"We now have a candidate from within the regime," he said of Maghzaoui, who supported Saied's 2021 power grab, "and another one in prison since this morning".
Zammel is the only approved candidate to have been arrested, but he joins a list of would-be hopefuls who have been imprisoned or are facing prosecution.
Prior to Zammel's arrest, Human Rights Watch said Tunisian authorities "have prosecuted, convicted or imprisoned at least eight prospective candidates" for the October vote.
The North African country under Saied was "gearing up for a presidential election amid increased repression of dissent and free speech, without crucial checks and balances on President Saied's power", HRW added.
The rejected candidates whose appeals were granted are Imed Daimi, an adviser to former president Moncef Marzouki, former minister Mondher Zenaidi and opposition party leader Abdellatif Mekki.
Zenaidi's campaign staff said Monday they would again appeal ISIE's decision with the administrative court.
In a Facebook post, they said ISIE "showed that it is no longer independent".
On Saturday, a petition signed by prominent Tunisians and civil society groups urged that rejected candidates be allowed to stand in the election.
The petition said the administrative court's rulings on appeals "are enforceable and cannot be contested by any means whatsoever".
'Pure formality'
It also called on ISIE to "respect the law and avoid any practice that could undermine the transparency and integrity of the electoral process".
But ISIE's announcement Monday of the official list of candidates dashed such hopes.
Activists and political figures gathered near the ISIE offices to protest against the electoral board's final list.
"Today, ISIE decides whatever it wants and even goes beyond the rulings of the highest judicial authority," said Rim Mahjoub, leader of the Afek Tounes party, referring to the administrative court.
Houssem Hami, coordinator of the Soumoud centre-left political coalition, said that with only three candidates "the election will become a pure formality, without much excitement for Tunisians".
For Werenfels, however, the conflict between ISIE and the administrative court showed "there are elite struggles behind the scenes among proponents and opponents of Saied".
"This could be positive for what remains of democracy," she said. "But it is also problematic if not dangerous."
"The president could become more authoritarian if he feels he is being challenged."
© 2024 AFP
The three dismissed candidates were among 14 potential contenders to be turned down by the electoral board, ISIE, last month for not obtaining enough endorsements to challenge President Kais Saied.
Last week, the three hopefuls unexpectedly won appeals at the administrative court against ISIE's decision, in a verdict the court called "definitive".
But on Monday, ISIE chief Farouk Bouasker said the board's initial list of candidates was also "definitive" and "not subject to appeal".
Bouasker said the ISIE was maintaining the initial list because "the administrative court did not officially communicate its decisions within a 48-hour deadline, as per the law".
Saied, the incumbent and election frontrunner, was democratically elected in 2019 but orchestrated a sweeping power grab in 2021 and has since ruled by decree.
Former parliamentarian Zouhair Maghzaoui and businessman Ayachi Zammel are now his only challengers in next month's poll.
Isabelle Werenfels, a political scientist at the Germany-based SWP institute, told AFP that ISIE's decision "has practically decided the outcome of the vote".
'Clear path ahead'
She also said that "part of the justice system under Saied's influence will obstruct the campaigns" of challengers Maghzaoui and Zammel.
On Monday, Zammel was arrested on charges of forging ballot endorsements and was later placed in police custody for 48 hours, members of his campaign said.
His arrest came a month after the treasurer of his Azimoun party was arrested on similar charges.
Several would-be candidates were accused of forging such signatures and barred from running for office.
Hatem Nafti, a political commentator and author of a forthcoming book on Saied's authoritarian rule, said the incumbent "now has a clear path ahead of him".
"The candidates who could have hindered Saied have just been eliminated," he told AFP, adding that ISIE's decision "has proved that there is no longer any rule of law".
"We now have a candidate from within the regime," he said of Maghzaoui, who supported Saied's 2021 power grab, "and another one in prison since this morning".
Zammel is the only approved candidate to have been arrested, but he joins a list of would-be hopefuls who have been imprisoned or are facing prosecution.
Prior to Zammel's arrest, Human Rights Watch said Tunisian authorities "have prosecuted, convicted or imprisoned at least eight prospective candidates" for the October vote.
The North African country under Saied was "gearing up for a presidential election amid increased repression of dissent and free speech, without crucial checks and balances on President Saied's power", HRW added.
The rejected candidates whose appeals were granted are Imed Daimi, an adviser to former president Moncef Marzouki, former minister Mondher Zenaidi and opposition party leader Abdellatif Mekki.
Zenaidi's campaign staff said Monday they would again appeal ISIE's decision with the administrative court.
In a Facebook post, they said ISIE "showed that it is no longer independent".
On Saturday, a petition signed by prominent Tunisians and civil society groups urged that rejected candidates be allowed to stand in the election.
The petition said the administrative court's rulings on appeals "are enforceable and cannot be contested by any means whatsoever".
'Pure formality'
It also called on ISIE to "respect the law and avoid any practice that could undermine the transparency and integrity of the electoral process".
But ISIE's announcement Monday of the official list of candidates dashed such hopes.
Activists and political figures gathered near the ISIE offices to protest against the electoral board's final list.
"Today, ISIE decides whatever it wants and even goes beyond the rulings of the highest judicial authority," said Rim Mahjoub, leader of the Afek Tounes party, referring to the administrative court.
Houssem Hami, coordinator of the Soumoud centre-left political coalition, said that with only three candidates "the election will become a pure formality, without much excitement for Tunisians".
For Werenfels, however, the conflict between ISIE and the administrative court showed "there are elite struggles behind the scenes among proponents and opponents of Saied".
"This could be positive for what remains of democracy," she said. "But it is also problematic if not dangerous."
"The president could become more authoritarian if he feels he is being challenged."
© 2024 AFP
Tunisia Police Arrest Presidential Candidate as Pre-Election Tension Rises
Asharq Al Awsat
2 September 2024
2 September 2024
AD ـ 28 Safar 1446 AH
Tunisian police arrested presidential candidate Ayachi Zammel on Monday, a member of his campaign told Reuters.
The electoral commission is preparing to announce on Monday the final list of accepted candidates for the presidential elections scheduled for Oct. 6.
Mahdi Abdel Jawad said police had arrested Zammel at his home at about 3:00 a.m. on suspicion of falsifying popular endorsements.
Last week, the Administrative Court, the highest judicial body that adjudicates electoral disputes, reinstated three prominent candidates, Mondher Znaidi, AbdelLatif Mekki and Imed Daimi, to the election race after the electoral commission had rejected their candidacy filing.
They joined accepted candidates Ayachi Zammel, Zouhair Maghzaoui and Kais Saied, the current president.
However, electoral commission head Farouk Bouasker said the commission would study the Administrative Court’s decision and other judicial decisions against candidates before issuing the final list.
Tunisian police arrested presidential candidate Ayachi Zammel on Monday, a member of his campaign told Reuters.
The electoral commission is preparing to announce on Monday the final list of accepted candidates for the presidential elections scheduled for Oct. 6.
Mahdi Abdel Jawad said police had arrested Zammel at his home at about 3:00 a.m. on suspicion of falsifying popular endorsements.
Last week, the Administrative Court, the highest judicial body that adjudicates electoral disputes, reinstated three prominent candidates, Mondher Znaidi, AbdelLatif Mekki and Imed Daimi, to the election race after the electoral commission had rejected their candidacy filing.
They joined accepted candidates Ayachi Zammel, Zouhair Maghzaoui and Kais Saied, the current president.
However, electoral commission head Farouk Bouasker said the commission would study the Administrative Court’s decision and other judicial decisions against candidates before issuing the final list.
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