Tunisian President Fears the Use of Constitutional Court to Overthrow Him

Tunisian president Kais Saied in Tunis (File photo: Reuters)
Tunisian president Kais Saied in Tunis (File photo: Reuters)
TT

Tunisian President Fears the Use of Constitutional Court to Overthrow Him

Tunisian president Kais Saied in Tunis (File photo: Reuters)
Tunisian president Kais Saied in Tunis (File photo: Reuters)

Tunisian President Kais Saied fears political parties will use the Constitutional Court to settle political scores, including removing him from his post, according to several political leaders.

The leaders indicated that the president did not sign a number of decrees and refused to receive the new ministers for constitutional oath following the ministerial reshuffle made by Prime Minister Hichem Mechichi.

“They want it to be a court for settling scores,” said Saied, asserting that he will implement the constitution despite not being convinced with a number of provisions.

The President, who is a professor of constitutional law, added that the constitution will prevail over all other legislation.

Addressing his political rivals, Saied warned that the Constitutional Court should not be toyed with, asserting that through the law, Tunisians will restore their right in their country and state.

Earlier this month, the president refused to sign the constitutional court law amendments introduced by the parliament, saying he has the right to resort to legal arguments, such as the constitutional deadlines stipulated in the 2014 constitution.

He also stressed the need to respect all provisions of the constitution aside from any “unscientific, and even malicious interpretation,” which brought to attention the possibility of using the Constitutional Court to overthrow him.

The Constitutional Court consists of 12 members, four of whom are appointed by the President, four elected by parliament, and four appointed by the Supreme Judicial Council.

The parliament approved the ratified revisions of the draft bill for electing members of the Constitutional Court and reduced the number of votes from 145 to only 131.

The amendment was proposed by Speaker Rached Ghannouchi to reduce the number of votes constitutionally necessary to pass the members of the court to 109 votes representing the absolute majority.

Observers believe Ennahda can obtain the necessary number of votes to pass certain candidates of the Constitutional Court.

The Constitutional Court can end the president of the republic's term, declaring the position of president vacant, receive the presidential oath and examine disputes related to the jurisdiction of both the president and prime minister.

It plays a pivotal role in monitoring constitutional amendments and treaties, draft laws and procedures related to the parliament's internal system.

Nawfal Saied, the president's brother, revealed serious concerns about the possibility of using the Constitutional Court, which is expected to be activated after more than five years of suspension, to remove the president from office.

He argued that the reason for speeding up the establishment of the Constitutional Court is to ensure the provision of the only constitutional mechanism to dismiss the president.



Israel, Hamas Poised for Third Hostage-prisoner Exchange

An Israeli police officer looks on as a Red Cross vehicle is seen near the Israeli military prison, Ofer, on the day Israel releases Palestinian prisoners as part of a hostages-prisoners swap and a ceasefire deal in Gaza between Hamas and Israel, near Ramallah in the Israeli-occupied West Bank, January 19, 2025. (Reuters)
An Israeli police officer looks on as a Red Cross vehicle is seen near the Israeli military prison, Ofer, on the day Israel releases Palestinian prisoners as part of a hostages-prisoners swap and a ceasefire deal in Gaza between Hamas and Israel, near Ramallah in the Israeli-occupied West Bank, January 19, 2025. (Reuters)
TT

Israel, Hamas Poised for Third Hostage-prisoner Exchange

An Israeli police officer looks on as a Red Cross vehicle is seen near the Israeli military prison, Ofer, on the day Israel releases Palestinian prisoners as part of a hostages-prisoners swap and a ceasefire deal in Gaza between Hamas and Israel, near Ramallah in the Israeli-occupied West Bank, January 19, 2025. (Reuters)
An Israeli police officer looks on as a Red Cross vehicle is seen near the Israeli military prison, Ofer, on the day Israel releases Palestinian prisoners as part of a hostages-prisoners swap and a ceasefire deal in Gaza between Hamas and Israel, near Ramallah in the Israeli-occupied West Bank, January 19, 2025. (Reuters)

Israel and Hamas were set to carry out their third hostage-prisoner exchange on Thursday, with three Israelis and five Thai captives slated for release as part of a ceasefire deal aimed at ending the Gaza war.

A fourth exchange is scheduled for the weekend, but Hamas accused Israel on Wednesday of jeopardizing the deal by holding up aid deliveries, an allegation Israel dismissed as "fake news".

The office of Prime Minister Benjamin Netanyahu identified the three Israelis to be released Thursday as Arbel Yehud, Agam Berger and Gadi Moses, adding that five Thai citizens held in Gaza would also be freed.

In a statement Wednesday evening, the Moses family said it had "received with great excitement the wonderful news of our beloved Gadi's return".

The ceasefire that took effect on January 19 hinges on the release of Israeli hostages taken during Hamas's October 7, 2023 attack, in exchange for 1,900 people -- mostly Palestinians -- being held in Israeli custody.

Hamas has so far released seven hostages, with 290 prisoners freed in exchange.

Israel is to release 110 prisoners, 30 of them minors, in exchange for the three Israelis to be released on Thursday, the Palestinian Prisoners' Club advocacy group said.

The next swap on Saturday will see three Israeli men released, according to Netanyahu's office.

Aid trucks

The truce deal has allowed truckloads of aid into the devastated Gaza Strip, where the war has created a long-running humanitarian crisis.

But two senior Hamas officials accused Israel of slowing down aid deliveries, with one citing items key to Gaza's recovery such as fuel, tents, heavy machinery and other equipment.

"According to the agreement, these materials were supposed to enter during the first week of the ceasefire," one official said.

"We warn that continued delays and failure to address these points will affect the natural progression of the agreement, including the prisoner exchange."

Israel hit back at the accusation, with a spokesman for COGAT, the Israeli defense ministry body that oversees civilian affairs in the Palestinian territories, calling it "totally fake news".

Between Sunday and 1100 GMT on Wednesday, "3,000 trucks entered Gaza", the spokesman said.

"The agreement says it should be 4,200 in seven days," he added.

As the text of the agreement -- mediated by Qatar, Egypt and the United States -- between the warring parties has not been made public, AFP was not able to verify its terms on aid.

Both Hamas officials said representatives of the group had raised the issue during a meeting with Egyptian officials in Cairo on Wednesday.

Forced displacement an 'injustice'

The ceasefire deal is currently in its first 42-day phase, which should see 33 hostages freed.

Next, the parties are due to start discussing a long-term end to the war.

The third and final phase of the deal should see the reconstruction of Gaza as well as the return of the bodies of any remaining dead hostages.

US President Donald Trump has repeatedly claimed credit for sealing the agreement despite it taking effect just ahead of his inauguration, and his Middle East envoy Steve Witkoff, who took part in the talks, met with Netanyahu in Israel on Wednesday

Trump has invited Netanyahu to the White House on February 4, according to the premier's office.

After the truce took effect, Trump touted a plan to "clean out" the Gaza Strip, calling for Palestinians to relocate to neighboring countries such as Egypt or Jordan.

The idea has faced strong backlash from both countries, as well as from European governments.

Egyptian President Abdel Fattah al-Sisi said Wednesday that the forced displacement of Palestinians was an "injustice that we cannot take part in".

Jordan's King Abdullah II, meanwhile, stressed "the need to keep the Palestinians on their land and to guarantee their legitimate rights, in accordance with the Israeli and Palestinian two-state solution".

More than 376,000 displaced Palestinians have gone back to northern Gaza since Israel reopened access earlier this week, according to the UN humanitarian office OCHA, with many returning to little more than rubble.

"My house is destroyed," 33-year-old Mohammed Al-Faleh told AFP. "This morning, we built a small room with two walls made from the remains of our home. There is no cement, so I used mud.

"We are facing great difficulties," he added. "The biggest problem is that there is no water -- all the water wells are destroyed. Food aid is reaching Gaza... but there is no gas or electricity. We bake bread on a fire fueled by wood and nylon."