HRW denounces imprisonment of Tunisians for debt default

Hundreds of Tunisians are in jail for writing checks they were unable to pay in a debt imprisonment practice that destroys households and businesses in violation of international law, Human Rights Watch warned.

In a 41-page report, HRW outlined the defaults of the archaic legislation on checks with insufficient funds, adding that sending insolvent people to prison worsens lives of livelihoods in the cash-strapped country.

The report comes at a time Tunisia faces food inflation, coupled with worsening unemployment as the country braces for more inflation due to direct funding of the government from the central bank.

“In the context of Tunisia’s current economic crisis, the authorities should urgently replace the legal provisions that allow for debt imprisonment with legislation that distinguishes between willful refusal and genuine inability to pay,” HRW said.

“When debtors remain free, they have the possibility of earning income to gradually repay their debts, while supporting their own households,” HRW recommended.

Imprisonment for unpaid checks rarely leads to the creditor’s repayment, especially when the debtor is poor. In cases in which repayment is made, it is generally due to pressure on the debtor’s family members, who might pool funds to help, it said.