What’s Happening
Human Rights Watch has documented the cases of 12 people in Tunisia who have been prosecuted for unpaid checks.
According to the government, 496 people were imprisoned for unpaid checks as of May 2024. But one local organization monitoring this issue estimates the number is closer to 7,200 people, and that the authorities are seeking to prosecute thousands more.
In Tunisia, it’s hard for entrepreneurs to obtain bank financing. Instead, checks are widely used by business owners to obtain credit and secure commercial goods or services. These checks are then cashed at a later, agreed-upon date.
Under the country’s archaic law, failure to pay is punishable by imprisonment. And debt imprisonment violates international law.
A Downward Spiral
In one case we documented, Mejid Hedhli, a viable building contractor who the state even hired to renovate a ministerial building, was sentenced in 2016 to 122 years and nine months in prison over about 50 checks. Hedhli was renovating a public building in 2010, but its construction suffered delays and damage following events during the country’s 2011 revolution.
“If Mejid hadn’t been in prison, he could have worked and paid off all his checks,” said his wife, Jalila Hedhi. “His life has been squandered, and yet the checks remain unpaid.”
People imprisoned face stigma, and the shortcomings of Tunisia’s public services and social security system can also compound people’s economic woes.
Tunisia should amend the laws and stop needlessly prosecuting people who had no intention to default on their debts. It’s an opportunity to not only keep families solvent, but to benefit the country’s economy in the long run.
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