Business Corruption

Several sources, such as the Heritage Foundation 2013 and the US Department of State 2013 , emphasise that the judiciary is susceptible to political interference. On the other hand, business executives surveyed by the World Economic Forum's Global Competitiveness Report 2013-2014 perceive that the efficiency of the legal framework in dispute settlement as relatively efficient. The Bertelsmann Foundation 2012 reports that the judiciary is considered highly professional and efficient, especially in regards to economic, labour and property legislation. This is supported by the US Department of State 2013, which notes that the judiciary in Tunisia generally handles commercial disputes objectively.

Political Corruption

According to a 2011 news article by AFP , former Minister of Justice Bechir Tekkari was arrested in July 2011 in connection with alleged corruption and abuse of power over trade deals and the awarding of planning contracts. However, according to an August 2011 article from Tunisia Live, Tekkari was subsequently released because of his "unstable health conditions", and it was claimed by a group of lawyers that the interim government voiced these conditions in order to have him released.

During 2012, due to the alleged pervasiveness of corruption within the judiciary, the Ministry of Justice dismissed 82 judges. However, as reported by the US Department of State 2012 , there were no procedures to follow-up on the allegations of corruption. Dissatisfaction with the dismissals led to a general strike, which in turn led the Minister of Justice to announce the creation of an independent commission to review the decisions. Despite judges’ complaints about the poor investigative capabilities of the commission, nine judges were reinstated. Nevertheless, the crackdown on corruption within the judiciary was reported to be limited. To date the appointment and dismissal of judges has not been revised. Furthermore, an independent body to regulate the judiciary and the appointment of judges will not become effective until the adoption of a new constitution. This is supported by a July 2013 article by The Economist which quotes the head of Tunisia’s national anti-corruption commission, Samir Annabi, as stating that despite the crackdown on the judiciary, some judges are still coupled with the former regime of Ben Ali, and exercise influence over judicial decisions.

According to a July 2013 article by The Economist , a team of judges are being trained in financial investigations and have taken over all investigations into the corruption cases of the former Ben Ali regime. The team has received 550 cases involving embezzlement , bribery, etc. and implicating government ministries and agencies.

Frequency

World Economic Forum: The Global Competitiveness Report 2013-2014 :
- Business executives give the independence of the judiciary from influences of members of government, citizens, or companies a score of 3.6 on a 7-point scale (1 'heavily influenced' and 7 'entirely independent').

- Business executives give the efficiency of the legal system for private companies to settle disputes and to challenge the legality of government actions and/or regulations a score of 4.8 and 4.4 respectively on a 7-point scale (1 'extremely inefficient' and 7 'highly efficient').

The World Bank & IFC: Doing Business 2013 :
- Enforcing a commercial contract through Tunisian courts requires a company to go through an average of 39 administrative procedures, takes an average of 565 days at a cost of 21.8% of the claim.

Transparency International: Global Corruption Barometer 2013 :
- 56% of the surveyed households perceive the judiciary to be 'corrupt' or 'extremely corrupt'.

- Citizens give the judiciary a score of 3.5 on a 5-point scale (1 'not at all corrupt' and 5 'extremely corrupt').