Tunisia: First cannabis conviction no longer results in prison

Tunisians convicted of cannabis use will avoid prison if it is their first conviction, as a result of the legislation that came into force today.

This North African country has faced growing calls from civic rights groups to reform a law that puts young people in jail for a year for smoking a marijuana cigarette.

Law 52, ​​which dates from the era of ousted President Zine El Abidine Ben Ali, imposes a mandatory one-year jail sentence for narcotics use, excluding any extenuating circumstances.

But the National Security Council, headed by President Beji Caid Essebsi, today announced measures to limit the number of users sentenced to prison.

When it comes to a first conviction, judges will be able to decide on a pardon once the sentence has been pronounced.

The new measures will take effect from Monday, Tunisia's independence day.

Before the 2011 Tunisian revolution, Law 52 was used to suppress criticism of the Ben Ali regime.

Its application has since become widespread, with thousands of young Tunisians arrested each year, mostly for offenses related to cannabis use.

Between 2011 and 2016, the number of trials under this Law dropped by 732 to 5.744, official statistics indicate.

In late December, the government submitted a proposed amendment to parliament. The text, which initially provided for the abolition of prison sentences in the first two sentences, remains blocked by the deputies.

Yosra Frawes of the International Federation for Human Rights said the new measures were "a step forward", adding that "it was not logical to tie judges' hands" by not authorizing them to consider extenuating circumstances.

The changes "will avoid thousands of arrests," said lawyer Ghazi Mrabet.

“But they also mean that decisions continue to be case-by-case and that judges will continue to be able to send people to prison.”