In hopes of gaining the privileges of Tunisia’s ‘economic reconciliation law’, Ben Ali-era businessmen, politicians and government employees involved in corruption cases are flocking to the Body of Dignity and Truth (the independent apparatus overseeing the application of transitional justice) to turn in their files.

For legal reasons, the exact numbers and identities of those accused of corruption and banned from traveling is not yet known, since the Body of Dignity and Truth does not release such information.

In hopes of gaining the privileges of Tunisia’s ‘economic reconciliation law’, Ben Ali-era businessmen, politicians and government employees involved in corruption cases are flocking to the Body of Dignity and Truth (the independent apparatus overseeing the application of transitional justice) to turn in their files.

For legal reasons, the exact numbers and identities of those accused of corruption and banned from traveling is not yet known, since the Body of Dignity and Truth does not release such information.

Correspondents interviewed Khaled Al-Krishi, a Body official and the head of the Judgment and Reconciliation Committee, who he said that the number of people seeking amnesty are in the “dozens and they are known to the Tunisian people.”

When asked, all of those who were connected to the former regime chose to apply for amnesty in secret except for one person. He was one of the most prominent figures during the Ben Ali era and he had the courage to announce that he had signed the amnesty application.

Ben Ali Family members also seeking amnesty

Salim Shaiboub, son-in-law of the ousted President Ben Ali, fled the country to the United Arab Emirates after Ben Ali himself had fled to Saudi Arabia on 14 January 2011.

After his return, Shaiboub was imprisoned on cases of corruption and carrying weapons, and he was released after more than one year. Since he was still facing corruption charges, Shaiboub was given the choice of presenting his files to the Body of Dignity and Truth for amnesty with the state.

Media outlets have leaked other names connected to the Ben Ali family who are seeking to benefit from the reconciliation law, like Sakhr Al-matiri (Ben Alis’ son-in-law), Mohammad Al-Mahdi Malika (Ben Ali’s nephew) and Bilhasan Al-Trabulsi (Ben Alis’ brother-in-law) who is currently in exile in Canada.

The fact that these men have presented their files to the Body of Dignity and Truth does not mean that the past will be forgotten and their charges will be dropped. The only party who has a say in these matters is the Tunisian court system, as the transitional justice legislation, confirmed at the end of 2013, sets the conditions under which people can benefit from reconciliation privileges.

Al-Krishi explained to Correspondents that in the event the Body discovers that any of the amnesty seekers provided false information during the hearings, all of their privileges would be dropped even if the case has been closed.

After giving a confession of the violations the amnesty seeker has committed against the state, the seeker must offer the state an amount of money as compensation for what was illegally acquired. Afterwards, the amnesty seeker must publically apologize to the Tunisian people in the office of the Body and broadcasted live by radios and TV networks.

To that effect, the Body began to cooperate with the Higher Body for Visual and Audial Communication, the Journalists Syndicate and the syndicate of media institution owners to avoid any mistakes that could happen in the process.

President on the line

The process of questioning, accountability and apology in order to put the past behind and start anew is accepted by all political and civil organisations in Tunisia. However, there is always a dispute when this process is put to action.

Parallel to the efforts made by the Body of Dignity and Truth, in July 2015, President Baji Caid Essibsi proposed a legislative initiative to run the reconciliation process outside of the Body of Dignity and Truth.

The initiative brought the country into a political crisis that pushed it back to the shelves of the Parliament. However, three weeks ago, the proposed legislation was called again for discussion because the Body of Dignity and Truth is extremely slow at completing its tasks and because the country is in dire need of funds in its current economic crisis.

The Presidential initiative was fiercely opposed by the Tunisian opposition parties along with human rights activists and civil society organisations. Secretary General of the Democratic Movement (an opposition party), Ghazi Al-Shawashi says that any amnesty granted from outside the Body of Dignity and Truth “is a rigged amnesty that does not fulfill the transitional justice conditions.”

In his interview with Correspondents, Al-Shawashi went further to say that President Essibisi wants to return the favour to Ben Ali’s corrupt aides who financed him and his party in the 2014 parliamentary and presidential elections in 2014. When asked last year, the Venice Committee answered that the presidential initiative is unconstitutional and does not fulfill the requirements of transitional justice, the most important of which is the apology to the Tunisian people.

Ahmad Al-Sawab, a judge at the Tunisian Administrative Court, told Correspondents : “The best way to move the process of the economic and financial reconciliation with the figures of the former regime faster, is to edit the transitional justice laws.”

According to Al-Sawab, this editing aims at expanding the Judgment and Reconciliation Committee (the back bone of the Body of Dignity and Truth), and enables it to do its work faster without violating the requirements of transitional justice.