The Confiscation Committee was established to recover the money illegally acquired by Ben Ali and his associates. 

Since its establishment after the revolution, the committee has confiscated 268 pieces of real estate, 25,000 movable assets and 168 cars. The number of aggrieved persons is 114, including the deposed president, his wife, his relatives and his sons-in-law, in addition to a large number of state officials.

Najib Hnan, who chairs the committee, shed light on the process and how it has progressed.

The Confiscation Committee was established to recover the money illegally acquired by Ben Ali and his associates. 

Since its establishment after the revolution, the committee has confiscated 268 pieces of real estate, 25,000 movable assets and 168 cars. The number of aggrieved persons is 114, including the deposed president, his wife, his relatives and his sons-in-law, in addition to a large number of state officials.

Najib Hnan, who chairs the committee, shed light on the process and how it has progressed.

What is the official meaning of the word confiscation?

Confiscation means to seize private property and move it to state or public ownership.

What about the committee jurisdictions?

We are entitled to confiscate all immovable and movable assets—any property other than real estate—  and title deeds acquired after 7 November 1987 (the date Ben Ali seized power) for the benefit of the state. We only confiscate illegal assets, such as real estate, movables and financial rights of the 114 persons listed in the decree, including the deposed president, his wife, his relatives and his sons-in-law, in addition to a large number of state officials.

The decree also empowers the committee to broaden the scope of prosecution to include “others”; officials other than the listed ones, provided the legal provisions of the decree are respected.

What do you mean by “others”?

People associated with the deposed president or his wife, were a part of the corruption system or benefitted from it or, for example, a person who benefited from the deposed president’s family and associates.

What has your committee already confiscated?

We have taken back 268 registered real estates, 25,000 movable assets and 168 cars have been confiscated, including 14 luxury cars and shares in 169 companies, including dummy corporations.

In regard to funds, 120 million dinars (US $75 million) in cash and 200 million dinars (US $125 million) worth of paper holdings have been confiscated.

What kind of difficulties do you face while performing your duties?

Every new task faces difficulties and we have to set out visions and come up with the best possible methods while observing legal rules and principles, ensuring that we are working in a transparent way. The difficulties lie basically in setting up the new work system and also in the committee’s relationship with its outside environment.

But some say that the Confiscation Committee overstepped the bounds of its authority and that it is now involved in a conflict with the judicial power. What is your response to that?

The Committee implements the law, nothing more and nothing less; its mandate is clear. Our duty is to create files and we respect the principle of a separation of powers.

The relationship between the committee and the judicial power is based on cooperation, mutual respect and the smooth exchange of information to guarantee that the law is applied in the best possible way, so there is no conflict whatsoever between the committee and the judicial power.

You have been accused of causing economic confusion and some describe you as being a counter-revolutionary. What is your response to that?

The accusations leveled against me personally are meant to disrupt the work of the Confiscation Committee, whose goals have been unequivocally declared. The claim that we are taking part in causing economic confusion in the country is absolutely unfounded and we are easily exonerated by two undeniable facts.

First, UNCAC was ratified by the best legal experts in the country and this convention states that fighting corruption is the primary condition for economic and financial stability, which is an indisputable fact. Second, lawmakers established the constants of national and international trade relations, which require the existence of two things: speed and security in economic relations.

I assure you that that conclusion contradicts reality and it was circulated by those who were hurt by the Committee’s work.

But the mechanisms of your committee are raising fears amongst businessmen. What is your response to that?

We are primarily acting within the limits of our mandate, nothing more. We agreed in the committee not to be lenient and not treat anyone unjustly. We are simply going to apply Tunisian and international laws. The exceptions adopted pertain to inheritance and natural rights or private rights related to the associated persons whose assets are confiscated.

What about your request to declare businessmen’s earnings?

First I would like clarify the confusion surrounding the circular we issued and the talk about it being illegal. The circular pertains to the persons not covered under the decree (the aforementioned 114 persons). Thus, the persons concerned could either come forward voluntarily to declare their earnings or they will be investigated by the committee, so they were given the choice.

Did any businessman comply?

Some did, but whether they declared their earnings or not, we will continue our work and search in their files and anyone proven involved will be referred to the competent authorities. Those who complied will be rewarded by not activating the lawsuit. Nevertheless we will refer the file to the highest authorities, the government and the constituent assembly, in order to be referred to the attorney general when necessary.

How many declarations were submitted?

The number cannot be stated for secrecy reasons.

Some say that you are involved in a clash with the government over the number of files. What is your response to that?

Our relationship with the government so far has been in the form of a cooperative effort to achieve a common goal; fighting corruption.

We did not have any problem with the government, which did not block our efforts or object to our decisions, even though the government and the constituent assembly are entitled to monitor the committee’s actions and results and end its activities.

How many files have you scrutinized?

Around 4,000 files, including some files not related to confiscation. During our work we discovered that almost all files have legal irregularities and these files will be referred to the office of the attorney general and we will also inform the competent legal authorities, especially the judicial authorities.