Coronavirus: A Tunisian Researcher Calls on his Country to Draw Inspiration from Morocco

Tunisian researcher Hatem Kotrane stressed the importance for the Tunisian authorities to draw inspiration from Morocco in adopting laws to combat the new Coronavirus.

“The Kingdom of Morocco has just offered another example of reference: two decree-laws have just been published in the Official Gazette n°6867 bis of March 24, 2020 giving a legal basis to the state of emergency,” said the law professor in an article published Thursday by the online newspaper “Leaders”.

He recalled the decree law n°2-20-292 of March 23rd enacting special provisions to the state of health emergency and the terms of its announcement.

According to him, this legislation gives a legal basis to the announcement of the state of health emergency by allowing the Head of Government, on the proposal of the government authority in charge of Interior and Health, to declare a state of health emergency in one or more regions, prefectures, provinces or municipalities, or on the entire national territory, as soon as an epidemic or contagious disease threatens the safety and health of people.

It specified that the decree declaring a state of health emergency announces the scope, implementation procedures and duration of this state of emergency, which is subject to indefinite renewal, and also allows the authorities to take, during the period of the state of health emergency, all appropriate measures to combat the epidemic or contagious disease.

These measures will be taken through decrees, administrative decisions, circulars or official statements, he said.

The researcher recalled that failure to comply with the provisions of this decree-law and the directives announced by the state of health emergency, exposes violators to a penalty of one to three months imprisonment and / or a fine ranging from 300 to 1,300 DH or one of two penalties, without affecting the heavier criminal penalty.

It notes that this decree-law suspends all the time limits provided for in the laws and regulations in force throughout the duration of the state of emergency, which resumes the day after the announcement of the ending of the state of emergency.

However, this suspension does not apply to the time limits for appealing against decisions handed down against accused persons being held in custody and to the counting of the duration of pre-trial and police custody, he explained.

This decree, in addition to the declaration of the state of health emergency from Friday, March 20 at 18H00 and until April 20, 2020 at 18H00, imposes a large number of measures relating to the prohibition of persons to leave their places of residence, the movement of any person outside his place of residence could take place only in cases of extreme necessity, in this case travel to work, the purchase of basic necessities, health care or for family reasons to help people in difficult situations.

These measures also include the prohibition of any gathering, assembly or meeting of a group of people, the closure of shopping centers and any establishment intended to receive the public during a state of health emergency, continues the same source.

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