TUNISIA: RELEASE AND DROP CHARGES AGAINST OPPOSITION ACTIVISTS ARBITRARILY DETAINED FOR A YEAR

In April 2023, the judge added 23 more names as suspects in the investigation, which included opposition members, political activists and former security service members. On 3 May 2023, four new people – all lawyers – were added to the list of suspects. On 11 August 2023, the judge added 11 others as suspects in the investigation

Tunisian authorities must immediately and unconditionally release six arbitrarily detained political opponents who have been held for a year while being investigated on unfounded accusations of “conspiracy against state security” because of their perceived political opposition to authorities and for exercising their right to freedom of assembly, said Amnesty International.

In January 2024, a judge rejected the latest appeals against the prolonged pre-trial detention of the six detainees submitted by the Committee for the Defence of Political Detainees – a move that suggests the government is not backing down on its “conspiracy” case which has thus far seen at least 50 people investigated. 

“It is outrageous that the latest appeals have been rejected when for 12 months judicial authorities have failed to bring any evidence against the detainees of anything that would amount to a recognizable crime under international law. These politicians, lawyers and previous members of parliament should never have been arrested in the first place,” said Heba Morayef, Amnesty International’s Regional Director for the Middle East and North Africa. 

“Tunisia’s authorities are blatantly keeping them locked up for political reasons. They must be immediately released and the authorities must drop all charges against them. Over the past year the authorities have stepped up their misuse of the criminal justice system as a tool to silence political dissent and spread fear into the hearts of all potential political opponents.”  

It is outrageous that the latest appeals have been rejected when for 12 months judicial authorities have failed to bring any evidence against the detainees of anything that would amount to a recognizable crime under international law.

Heba Morayef, Amnesty International’s Regional Director for the Middle East and North Africa

On 11 February 2023, the Tunisian government opened an investigation against 17 individuals and ‘any other affiliated persons’ under several charges that included “conspiracy against state security.” Security officials arbitrarily arrested eight opposition leaders between 11 and 25 February under this investigation. They were interrogated and held on pre-trial detention orders. In July 2023, two of the detainees, Chaima Issa and Lazhar Akremi were released after their lawyers appealed against their pre-trial detention orders but continue to be banned from travelling or “appearing in public places.”

The other six opposition figures remain in detention. Khayam Turki, Abdelhamid Jlassi, Jaouher Ben Mbarek, Ridha Belhaj, Ghazi Chaouachi and Issam Chebbi are all being held in Mornaguia prison in Tunis. On 12 February 2024, the six detainees began a hunger strike to protest their arbitrary detention. Two of them had to stop for health reasons while Khayam Turki, Abdelhamid Jelassi, Issam Chebbi and Jaouher ben Mbarek continue their hunger strike.

©Yassine Gaidi/Anadolu Agency via Getty Images

Since the investigation started in February 2023, judicial authorities have summoned at least 42 additional political activists, members of the opposition, businessmen, former members of parliament, lawyers, human rights defenders and former security officials for investigation in the same case.

“Authorities have continued the witch-hunt in its unfounded case of conspiracy and summoned dozens of individuals for questioning, threatening and intimidating them and, in the case of lawyer Ayachi Hammami, banning him from travel and ‘appearing in public’, which is a severe curtailment of individual rights,” said Heba Morayef.

“I can’t understand why I was detained”

The authorities have failed to demonstrate that the pre-trial detention of the six detainees in this case is necessary and proportionate as required under international law. 

Under international human rights law, the presumption of innocence is one of the guarantees to the right to fair trial (Article 14 of the ICCPR). Therefore, people charged with a criminal offence should not be detained while under investigation or awaiting trial, unless it is strictly necessary. Pretrial detention may only be justified for a limited number of reasons such as the risk of flight, serious harm to others or interference with the evidence or investigation.

To this day I can’t understand why I was detained and why I was released while my friends who are accused of the same baseless accusations are still in detention. It confirms the arbitrariness of all of this.

Chaima Issa, political activist detained for five months

Lawyer Samir Dilou, who represents the six detainees, told Amnesty International: 

“Most of the detainees didn’t see the judge again after he questioned them on 24 and 25 February last year. They were not brought for further questioning or confronted with evidence. They have just been sitting in their cells. There are no developments in the investigation that would justify keeping them in detention.” 

Chaima Issa, who was one of the political activists detained and released five months later, said: 

“To this day I can’t understand why I was detained and why I was released while my friends who are accused of the same baseless accusations are still in detention. It confirms the arbitrariness of all of this.”

Judicial harassment of the lawyers

In a separate case, three members of the six detainees’ defence team are facing criminal charges in relation to statements they have made about the case. Amnesty International has reviewed the statements in question and found that they are all protected speech under freedom of expression. Judicial authorities are investigating lawyers Islam Hamza, Dalila Msaddak and Abdelaziz Essid on charges including “spreading fake news,” “offending others through telecommunications networks” and “accusing public officials of illegal acts without proof or the discharge of their duties as lawyers.” 

Abdelaziz Essid is due to appear in court on 23 February under charges of “offending others through telecommunications networks” and “accusing public officials of illegal acts without proof after highlighting discrepancies in the dates and facts in the case file of the “conspiracy case” indicating the possibility that the file may have been tampered with. If convicted he could face up to four years in prison.

Background

In April 2023, the judge added 23 more names as suspects in the investigation, which included opposition members, political activists and former security service members. On 3 May 2023, four new people – all lawyers – were added to the list of suspects. On 11 August 2023, the judge added 11 others as suspects in the investigation. 

Between July and October 2023, the investigative judge and the police summoned dozens of individuals for questioning in connection with the case reportedly asking them questions about their relationship to the detainees and their political activities.

Since February 2023, at least 20 other political opponents and perceived critics were arrested, detained, and sometimes convicted under various charges all related to their peaceful political activities or for exercising their right to freedom of expression.