constituteproject.org • Establishment of judicial council • Supreme/ordinary court judge removal PDF generated: 18 Apr 2016, 15:30 Article 107 Judges may not be transferred without their consent. They cannot be dismissed or suspended from their functions, nor be subject to disciplinary sanction, except in the cases and the guarantees regulated by the law and in accordance with a reasoned decision by the Supreme Judicial Council. • Right to fair trial Article 108 • Right to speedy trial Every individual is entitled to a fair trial within a reasonable period. Litigants are equal before the law. • Right to appeal judicial decisions • Right to counsel The right to litigation and the right to defence are guaranteed. The law facilitates access to justice and provides legal assistance to those without financial means. The law guarantees the right to a second hearing. • Right to public trial Court sessions shall be public unless the law provides for a closed hearing. Judgment must be pronounced in a public session. Article 109 All kinds of interference in the functioning of the judicial system are prohibited. Article 110 The different categories of courts are established by law. No special courts may be established, nor any special procedures that may prejudice the principles of fair trial. • Establishment of military courts Military courts are competent to deal with military crimes. The law shall regulate the mandate, composition, organization, and procedures of military courts, and the statute of military judges. Article 111 Judgments are passed in the name of the people and executed in the name of the President of the Republic. Failing to execute or impeding the execution of a sentence without legal grounds is prohibited. Section One: The Supreme Judicial Council • Establishment of judicial council Article 112 The Supreme Judicial Council is composed of four bodies, which are the Judiciary Council, the Administrative Judicial Council, the Financial Judicial Council, and the General Assembly of the three judicial councils. Two-thirds of each of these structures is composed of judges, the majority of whom are elected, in addition to judges appointed on merit, while the remaining third shall be composed of independent, specialized persons who are not judges. The majority of the members of these bodies shall be elected. Elected members exercise their functions for a single six-year term. The Supreme Judicial Council shall elect its president from amongst its most senior judges. The law establishes the mandate of each of the four bodies, and their composition, organization, and procedures. Tunisia 2014 Page 25