Human Rights Watch (HRW) has reported that Tunisia is incarcerating hundreds of individuals for debt defaults, particularly for writing bad checks, a situation HRW argues is in violation of international human rights law. In a detailed report, HRW revealed that some Tunisians are facing prison sentences of up to 122 years due to this practice. The issue, which HRW deems as equivalent to fraud under Tunisian law, persists under existing government regulations as reported by HRW.
In Tunisian commerce, checks are often used as a form of informal loan security, meant to be cashed at an agreed-upon later date. Under the Tunisian Commercial Code, issuing a bad check is a criminal offense punishable by up to five years in prison. HRW has highlighted that this practice is incompatible with Article 11 of the International Covenant on Civil and Political Rights, which states no one should be imprisoned for failing to fulfill a contractual obligation.
HRW’s findings also reveal a substantial discrepancy between the government’s officially reported number of imprisoned individuals and independent estimates. While the government discloses that 496 people are jailed for bounced checks, HRW cites figures from the National Association of Small- and Medium-Sized Enterprises, which suggest that over 7,200 people are detained due to non-sufficient funds (NSF) checks. Many others are either in hiding or have fled the country according to the original JURIST report.
To address this human rights concern, HRW has issued several recommendations, including the repeal of Article 411 of the Tunisian Commercial Code and the adoption of new laws allowing debtors to declare bankruptcy instead of facing imprisonment. HRW has also called on the Central Bank of Tunisia to support reforms aimed at decriminalizing bounced checks.
The debates sparked by HRW’s report underscore the ongoing friction between domestic commercial practices and international human rights standards, shining a light on the urgent need for legal reforms in Tunisia.