The Tunis Court of Appeal’s financial corruption chamber has handed down a 3-year prison sentence to businessman and former presidential candidate Nabil Karoui, with immediate enforcement. This decision also affects three other individuals involved in the same case, each receiving a 3-year sentence related to charges of accepting foreign funding during the 2019 presidential campaign.
Additionally, all four defendants are barred from running in presidential elections for a period of five years. Among those sentenced alongside Karoui is his wife, Salwa Smaoui. It’s important to note that initially, the primary criminal chamber had sentenced the four defendants to one year in prison each, but this decision was appealed by the public prosecution at the primary court in Tunis.
Tunisia has taken steps to combat corruption since the 2011 revolution, enacting laws to protect whistleblowers, ensure access to information, and mandate asset and interest declarations for public officials. The 2014 Tunisian Constitution emphasizes the prevention and fight against corruption as central to public action. A National Anti-Corruption Strategy was developed through consultations, including civil society participation. However, it has been criticized for not proposing actionable solutions and failing to establish specialized anti-corruption bodies within public institutions .
The Instance Nationale de Lutte Contre la Corruption (INLUCC) was set up in 2011 to investigate corruption but faced challenges due to exceptional presidential measures in 2021 that halted its activities. The proposed new constitution does not include provisions for any state body to prevent and fight corruption, raising concerns about the future of anti-corruption efforts in Tunisia .
Despite legal frameworks to ensure transparency in public sector employment and procurement, instances of malpractice and ‘ghost workers’ have been reported, highlighting the persistence of corruption risks. The public procurement system, while committed to transparency and efficiency, still faces insider trading and other corruption challenges .
Political financing laws prohibit foreign campaign funding, and the Independent Superior Electoral Institution (ISIE) along with the Court of Auditors oversee election conduct. However, delays in publishing campaign finance reports and findings limit the effectiveness of potential sanctions .
Recent measures have strengthened reporting mechanisms and whistleblower protection, yet the freezing of INLUCC’s activities has left whistleblowers without government support. Access to information is legally supported, but there has been a lack of awareness campaigns to educate the public on this right .
The independence of the judiciary is under threat due to recent presidential decrees allowing for the dismissal of judges without proper disciplinary procedures, compromising the judiciary’s reputation and functioning.
