Female prisoners are housed in a dedicated facility, the Manouba prison, or in female-only wings of the following prisons: Sfax Harboub, le Kef, Gafsa, Kasserine, Sousse-Mesaadine and Jendouba. The occupation rate of the Manouba prison (91%) is lower than that of male-only prisons. Prison cells are multi-occupancy, with around 40 women in each. As of 1 January 2019, the Manouba prison housed 397 female prisoners.

Searches of female prisoners are conducted by female staff.

The Manouba prison is equipped with a dedicated space for the care of young children.

The law states that the personnel supervising young children must be dressed in civilian clothes.¹

Offenders between the ages of 13 and 15 years are considered to be “juvenile offenders” (Child Protection Code). They are subject to specific legal measures:

• Preventative and educational measures must be prioritised
• Police custody should be avoided
• Temporary detention for minor offences and misdemeanours is forbidden
• Apart from in cases of murder, the judge may decriminalise a crime (Article 69 of the Penal Code)
• Crimes are reduced by half, and cannot exceed five years
• A prison sentence of ten years must replace a death sentence, or one of life imprisonment (Article 43 of the Penal Code)¹

Minors aged between 13 and 15 are held within “rehabilitation centres for juvenile offenders”. There are seven such institutions, one of which is for girls only.
Juvenile offenders in adult prisons must be housed in a dedicated area within the prison.

Professional and agricultural training is available to juvenile offenders.

Illegal residence is not punishable by prison sentence. People residing in Tunisia illegally are held, in anticipation of their deportation, in places of police custody. These are often located in airports. Such places fall under the authority of the Home Office.

Phone calls are not permitted in prison, including for foreign prisoners.

The law does not stipulate specific prison conditions for foreign prisoners. They are housed in the same areas as Tunisian prisoners and have the same rights.

People serving long sentences do not have a specific detention regime.

Crimes deemed to be serious, such as murder, are punishable by life imprisonment.

People serving long sentences do not have a specific detention regime.

Custody lasts 24 hours for misdemeanours and 48 hours for criminal offences. It may be extended once. It may last up to 15 days for terrorism charges. Immediate and frequent summons lead to many custody arrangements. The accused is then placed in a ‘detention prison’.
The maximum duration of pre-trial custody, enshrined in law, is six months. It can be extended to nine months for misdemeanours, and 14 months for criminal offences. These deadlines are often exceeded, especially when they fall under the jurisdiction of the Indictments Chamber.
Trial deadlines are never set. Some people can await their trial for two or three years, or even more. Defendants regularly protest against this, in particular through hunger strikes.

Any untried prisoner can apply for release at any stage of the proceedings. They can request bail. The investigating judge must rule within four days of receipt of the request, but may defer to the Indictments Chamber. Their response is required within the following eight days. If rejected, the appeal is brought before the Indictments Chamber within four days. The public prosecutor may also appeal against approval or rejection. This decision may not be appealed. A request for release may be made again one month later, if it is clear that circumstances have changed.¹

There is no provision to ensure a detention regime compatible with the presumption that a person is ‘innocent until proven guilty’ (individual cells, free access to work, or confidentiality of communication). The overcrowding observed in prisons leads to particularly challenging conditions (such as poor hygiene, lack of healthcare, ill-treatment etc.).

The prison administrative services do not provide any protection for LGBTI people apart from placing them together in a dedicated cell. This measure does not give them sufficient protection against potential verbal or physical violence from fellow prisoners or from members of the prison staff. ¹

No specific support is provided for elderly prisoners. Age is not factor in assignment.

The law does not provide for early release for elderly prisoners.

Prisoners who have a physical or intellectual disability are not required to use a separation device for their visits, unless they are subject to disciplinary action. This applies also to prisoners’ family and friends who may be disabled.