Controversy in Tunisia over Candidates Resuming Government Tasks

 Tunisian Prime Minister Youssef Chahed reacts surrounded by supporters after submitting his candidacy for the presidential elections in Tunis, Tunisia August 9, 2019. REUTERS/Zoubeir Souissi
Tunisian Prime Minister Youssef Chahed reacts surrounded by supporters after submitting his candidacy for the presidential elections in Tunis, Tunisia August 9, 2019. REUTERS/Zoubeir Souissi
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Controversy in Tunisia over Candidates Resuming Government Tasks

 Tunisian Prime Minister Youssef Chahed reacts surrounded by supporters after submitting his candidacy for the presidential elections in Tunis, Tunisia August 9, 2019. REUTERS/Zoubeir Souissi
Tunisian Prime Minister Youssef Chahed reacts surrounded by supporters after submitting his candidacy for the presidential elections in Tunis, Tunisia August 9, 2019. REUTERS/Zoubeir Souissi

While the Independent High Authority for Elections has affirmed that the presidential and parliamentary candidates didn’t resign is not considered a ‘violation of the law’, controversy continued regarding the legality of candidates resuming their electoral journey.

Head of the Independent High Authority for Elections Nabil Baffoun noted that the authority is applying legal regulations concerning the administration's impartiality, which includes financial, human, materialistic and nonmaterialistic resources such as using government posts during the electoral campaign.

Baffoun added that there are standards adopted by the authority and the Tunisian judiciary to discriminate between the ministerial position and the electoral campaign.

Tunisian Defense Minister Abdel-Karim Zbidi – who is running for presidential elections scheduled on Sep. 15 – resigned from his ministerial position to guarantee the transparency of the electoral process.

By this step, he sparked controversy in Tunisia – however, Prime Minister Youssef Chahed didn’t let go of his post even though he is running for presidential elections. Chahed asserted that there are no legal or constitutional obstacles in this regard.

In the same context, experts at the constitutional law affirmed that Zbidi has breached chapter 92 of the Tunisian constitution.

For his part, Zbidi stated that he fell a victim for a systematic and fierce campaign that seeks to defame him – he accused several parties and bodies of standing behind this campaign.

Meanwhile, Tahya Tounes has decided to sack secretary-general in Mounstir Nabil Haddad for violating the internal system. This follows calls by Haddad, and other leaders of Mounstir, for Chahed to back off his candidacy and support Zbidi.

Mohamed Fadhel Mahfouz, in charge of relations with constitutional bodies, has resigned from his ministerial position to devote himself for the parliamentary elections.



Cairo May Request Extradition of Qaradawi’s Son from Abu Dhabi

Umayyad Square in Damascus (Reuters)
Umayyad Square in Damascus (Reuters)
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Cairo May Request Extradition of Qaradawi’s Son from Abu Dhabi

Umayyad Square in Damascus (Reuters)
Umayyad Square in Damascus (Reuters)

As Lebanese authorities proceed with the deportation of Egyptian activist Abdel Rahman al-Qaradawi, the son of the late cleric Yusuf al-Qaradawi, to the United Arab Emirates, an Egyptian source involved in the case told Asharq Al-Awsat that Cairo plans to formally request his extradition from Abu Dhabi once he arrives there.

Controversy has surrounded the case since Lebanon announced that the government had approved the deportation of Qaradawi to the UAE instead of Egypt, where he holds citizenship.

Former Lebanese Foreign Minister Adnan Mansour explained to Asharq Al-Awsat that citizenship is not an obstacle in extradition cases between countries, saying that a state may decide to extradite a person to another country even if they hold the nationality of a third state, as in the case of Qaradawi’s son.

According to Lebanese sources, the decision to extradite Qaradawi to the UAE is based on a warrant issued by the Council of Arab Interior Ministers. As a member of the council, Lebanon is obligated to comply with the UAE’s request, despite the absence of a direct bilateral extradition agreement between the two countries.

Additionally, the extradition decision was influenced by the fact that the charges against Qaradawi are criminal, not political, as political charges would prevent extradition and instead warrant protection under international conventions.

An Egyptian judicial source told Asharq Al-Awsat that the International Cooperation Office of Egypt’s Public Prosecutor had prepared a comprehensive file containing all rulings issued against Qaradawi to ensure that the extradition request met all legal requirements. This file was sent to Lebanese judicial authorities through official channels. However, Egypt has yet to receive a response from Lebanon, though one is expected in the coming days.

Dr. Mohammed Mahmoud Mehran, a member of the American and European societies for international law, told Asharq Al-Awsat that international law generally allows extradition when the individual is either a citizen of the requesting state, has committed a crime on its territory, or when the requesting state has a direct legal interest in the case.

As Qaradawi is an Egyptian citizen, Egypt “has the legal right to request his extradition under international law and bilateral agreements, provided all legal conditions are met,” Mehran said.

Meanwhile, Qaradawi’s lawyer, Mohammed Sablouh, confirmed plans to file an urgent appeal in Lebanese courts to prevent his client’s extradition, according to Reuters. Mehran explained that extradition laws grant the individual the right to appeal in court, while the requesting states also have the right to challenge decisions.

Mehran suggested that if Qaradawi is ultimately handed over to the UAE, it is highly likely he will later be extradited to Egypt after procedural requirements in the Emirates are fulfilled. This is due to the strong bilateral relations and close security coordination between Egypt and the UAE.

Abdel Rahman al-Qaradawi, who holds dual Egyptian and Turkish citizenship, was arrested in Lebanon on December 28 after returning from Syria. His arrest followed an Interpol red notice issued based on an in absentia ruling by an Egyptian court sentencing him to five years in prison for spreading false news, inciting violence, and terrorism. Before his arrest, Qaradawi appeared in a video filmed at the Umayyad Mosque in Damascus, where he made remarks considered offensive to both Egypt and the UAE.