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Rached Ghannouchi: Political Prisoner
Introduction
Name: Rashed Kheriji Ghannouchi
Date of birth: June 22, 1941
Profession: Politician, President of the Ennahdha Movement and Speaker of the Assembly of People’s Representatives for the year 2019
Nationality: Tunisian
Violations to which he was exposed
- Arbitrary arrest and search of his house without judicial order
- Serving a prison sentence without legal justification
- Exposure to administrative surveillance and eavesdropping operations
Status
Status: Arbitrarily detained
The judgments he faces:
- 15 months in addition to a fine and administrative control for three years The ruling was issued on October 31, 2023
- 3 years imprisonment with immediate effect – The ruling was issued on February 1, 2024
Table of Contents
Pre-Trial Detention and Two Prison Sentences for Political Prisoner Rached Ghannouchi on Charges of Conspiring Against State Security and Several Other Charges
Legal cases
First case
The first case is related to the plenary session held by Parliament online on March 30, 2022
Charges: Conspiracy against state security
Judicial body: Anti-terrorism judicial pole
Details of the case: On March 30, 2022, the Tunisian Parliament met in an online session, and the authorities tried to prevent the session from being heldby disrupting the connection of online platforms. MPs from various parties and blocs voted unanimously to cancel the presidential decrees and end the exceptional measures issued by Kais Saied since July 25, 2021. In response, hours after the session was held, Saied announced the dissolution of Parliament “to preserve the state and its institutions,” considering the parliament meeting and what was issued “A failed coup attempt,” according to a televised speech. Saied issued a decree dissolving parliament and then ordered the Ministry of Justice to arrest the MPs and charge them with attempting a coup.
The Tunisian counter-terrorism unit summoned Ghannouchi and a number of other MPs on charges of conspiring against state security, a crime punishable by death.
- March 30, 2022: Anti-terrorism police summoned Ghannouchi along with more than thirty MPs who participated in the online parliamentary session.
- March 31, 2022: Ghannouchi was interrogated by the anti-terrorism squad in Tunis in connection with the online plenary session of Parliament. After 3 hours of interrogation, the judge decided to keep Ghannouchi on bail.
The hearing was scheduled to take place on April 5, 2022, but was later postponed by the public prosecutor in Tunis to an unspecified date. Since the public prosecutor did not comply with the order to arrest Ghannouchi and other MPs, Saied dismissed him, along with his deputy and 55 other judges and prosecutors, in June 2022. He was kept on release pending investigation into this case.
Second case
The Nama Association case
Charges: Money laundering and terrorist financing
Judicial body: Anti-terrorism judicial pole
Background of the case: The Public Prosecution accused the Namaa NGO of being a front for the Ennahdha Party and accused the organization of money laundering and receiving foreign funds. No evidence was provided to support these accusations or to link Ennahdha or its president to this organization.
Case details:
- July 5, 2022: The Financial Analysis Committee of the Central Bank of Tunisia announced the freezing of the bank accounts of Ghannouchi and 9 other people, including his son Moadh Ghannouchi, his son-in-law, former Foreign Minister Rafik Abdessalem, and former Prime Minister Hamadi Jebali, and imposed a travel ban on them. The committee explained that the decision was issued following a request from the First Investigating Judge of the Anti-Terrorism Judicial Pole at the Court of First Instance in Tunis
- July 19, 2022: Rached Ghannouchi was interrogated at the counter-terrorism judicial pole. After 12 hours of interrogation, the judge decided to keep Ghannouchi on bail.
Third case
The “Taghoot” (tyrant) case
Charges: Incitement against state security
Judicial body: Anti-terrorism judicial pole
Background to the case: A complaint was filed against Ghannouchi by Ezzedine Jebali, head of a union of internal security agents (police), who accused him of making statements at a funeral attacking the security forces and describing them as tyrants. The statement relates to a eulogy delivered by Ghannouchi in 2022 at the funeral of a member of the Ennahdha Movement party, in which he said that the deceased “did not fear a ruler or a tyrant; he only feared God.” The security union claimed that the word “tyrant” refers to the security forces, even though the word was used in the context of Ghannouchi’s talk about the deceased’s struggle against dictatorship.
Case details:
- August 3, 2022: Ghannouchi was interrogated at the Aouina barracks. After 4 hours of interrogation, the judge decided to keep Ghannouchi on bail.
- February 21, 2023: Judicial Pole to Combat Terrorism. After 3 hours of interrogation, the judge decided to keep Ghannouchi on bail.
- May 4, 2023: Ghannouchi was summoned for interrogation at the anti-terrorism judicial center. He was at that time detained in Mornaguia prison. Ghannouchi refused to attend the session, stressing his decision to boycott any further interrogations.
- May 15, 2023: A hearing was held at the First Instance Court in Tunis. Ghannouchi refused to attend the hearing and insisted on his determination to boycott all hearings. The judge decided to impose a sentence of one year in prison, a fine of 1,000 dinars, and 3 years of administrative supervision in absentia and without informing the lawyers, as the defense lawyers were not allowed to plead on his behalf and were not even informed that a hearing would be held, and they were informed of the ruling upon their arrival to the court.
- October 30, 2023: On Monday, October 30, the Tunis Court of Appeal issued a 15-month prison sentence, a fine of 1,000 dinars, and administrative control (surveillance and restrictions on travel) for a period of three years against Ghannouchi, in the case known as the “tyrant” case.
- March 16, 2024: The appeal ruling issued against Ghannouchi was suspended, and the cassation court decided to overturn the appeal decision and refer the case to the Tunisian Court of Appeal for reconsideration by a different jury.
Fourth case
Facilitating travel to conflict zones
- September 19, 2022: Ghannouchi was summoned to Bouchoucha at noon on September 19, 2022. He attended the hearing at the scheduled time but had to wait more than 14 hours before being informed that the interrogation would take place the next day. His lawyers stated that refusing to allow him to return home and forcing him to wait for more than 14 hours constitutes a form of physical and psychological ill-treatment that could amount to a form of torture, considering his age of 81-years.
- September 20, 2022: The next day, Ghannouchi returned to Bouchoucha at around 5 p.m. The interrogation continued throughout the night for 13 hours, and he was allowed to leave at around 6 am the next morning with instructions to appear before the investigating judge of the Anti-Terrorism Pole at 9.00.
- November 28, 2022: Ghannouchi was interrogated by the anti-terrorism judicial police for 12 hours. The judge decided to keep him on bail.
Fifth case
The Installingo case
Charges: Related to a case against a media company that manages social media pages and produces content on social media. It is accused of being part of a conspiracy against state security. The case began in 2020, and no reference was made to Mr. Ghannouchi or the Ennahdha party at that time. After the July 25 coup, the public prosecutor in Sousse opened a new case against the same company on the same charges, although in Tunisia (as is the case in many countries), the Public Prosecution cannot open a new case on a matter under investigation or previously ruled on. However this time, the Public Prosecutor added the names of Ghannouchi and a number of politicians and businessmen who had criticized or opposed Kais Saied’s decisions after July 25.
- November 11, 2022: Ghannouchi was interrogated for 12 hours in the city of Sousse.
- May 25, 2023: Ghannouchi (detained in Mornaguia prison in connection with another case) refused to attend the session in Sousse, stressing his commitment to boycott all future interrogations. Despite his absence, the investigating judge in the Sousse 2 court decided to charge Ghannouchi and issue a prison detention order against him.
Sixth case
A case based on a complaint filed by a member of the police union
Charges: The case is based on a claim by a police officer that he possesses a recording of a conversation between Rached Ghannouchi and leaders of the banned terrorist group Ansar al-Sharia. The security officer claims that he gave this recording to his superiors without keeping a copy and that they disposed of it. Police officers rejected these accusations and denied receiving any recording from him. Despite the lack of any evidence, the Public Prosecutor’s Office (on orders from the Minister of Justice) reopened the investigation and summoned Ghannouchi for questioning.
Case details:
- February 23, 2023: Ghannouchi was interrogated for 8 hours.
- April 23, 2023: Ghannouchi was interrogated at the military barracks in Laouina (5 hours of interrogation).
- April 24, 2023: A hearing was held in connection with the allegation of the existence of a video of a meeting between Ghannouchi and terrorists (7 hours of interrogation). Ghannouchi’s lawyer reported that the two witnesses were unable to provide any evidence, and the judge decided to reject the charge against Ghannouchi in this case. Ghannouchi was then returned to Mornaguia prison. After returning to his cell, Ghannouchi decided to refuse to attend any future sessions because they were mere formalities and based on political motives to harass political opponents and none of them met the minimum requirements for the right to a fair trial. Ghannouchi’s defense committee later announced its decision to boycott any further interrogation sessions as long as Ghannouchi remained in prison, since he had already attended at least 110 hours of interrogation on trumped-up charges since March 2022.
Seventh case
Conspiracy against state security for a statement he made at a public meeting at the headquarters of the National Salvation Front
- April 17, 2023: Approximately 100 plainclothes police arrived at Ghannouchi’s home and arrested him ten minutes before iftar (breaking of the fast) time on the night of the 27th of Ramadan. The police searched the house and confiscated Ghannouchi’s personal papers, electronic devices, and diaries. Ghannouchi was transferred to an unknown location and was denied access to a lawyer during his initial 48-hour interrogation. During that time, including the first night, he was forced to sit on a chair all night and was denied access to the toilet without closing the door. He was then questioned about “inflammatory statements” he allegedly made during a public meeting at the National Salvation Front headquarters.
- April 18, 2023: Ghannouchi appeared before a judge, but refused to speak because his lawyer was not allowed to see the results of the interrogation.
- April 19, 2023: After a nine-hour interrogation and seven hours of waiting, the investigating judge issued a prison order (pre-trial detention) against Ghannouchi. He has been detained since then in Mornaguia prison.
Eighth case
New “secret apparatus” case
Charges: Forming a secret apparatus to infiltrate state institutions
Judicial body: Anti-terrorism judicial pole
The case concerns allegations that were investigated since 2018. The investigation was completed at that time and Ghannouchi was heard in this case in 2018. The investigating judge completed all his work and referred them to the court. No charges were brought against him in that case. Since it is not possible to reopen an investigation on the same case after the end of its examination, according to Tunisian law, the Public Prosecution decided to open a new case with the same charges as the old case, which is in violation of Tunisian law and international treaties.
June 9, 2023: The investigating judge summoned Ghannouchi from his cell in Mornaguia prison for questioning. Ghannouchi refused to attend the interrogation, in protest against the continued harassment and political targeting by the judiciary in implementation of the instructions of the executive authority and Kais Saied, and insisted on his decision to boycott all future interrogations. The investigating judge issued charges against Ghannouchi and issued a detention order against him.
Nineth case
The “Lobbying” case (foreign financing)
The case known in the media as the “lobbying case” goes back to a complaint filed by politician Mohamed Abbou against the Ennahdha Movement, accusing it of signing a contract with an American PR company before the 2019 elections. The allegations were published on social media, and the Court of First Instance in Tunisia decided to refer the Ennahdha Movement party as represented by its legal representative, its president, Rached Ghannouchi, and one of its leaders, Rafiq Abdessalam, to the criminal council of the court.
- February 1, 2024: The criminal department responsible for financial corruption cases decided to issue a ruling to imprison Rached Ghannouchi for 3 years, with permission for immediate implementation, and to fine the Ennahda Movement an amount of 1 million 170 thousand and 470 US dollars or its equivalent in Tunisian dinars. According to the lawyers, the conditions for a fair trial were not met in the hearing that issued the ruling without the presence of the defense team and their client and after refusing to delay the hearing to enable the defense to prepare its responses.
- 22nd March 2023: The families of a number of detainees, including Ghannouchi, submitted a request to the UK Government asking for sanctions to be imposed on Kais Saied (President of the Republic of Tunisia, Head of State, Head of Government and Commander-in-chief of the Tunisian Armed Forces, 23 October 2019 – present); Ridha Gharsallaoui (Former Acting Interior Minister, 29 July 2021 – 11 October 2021); Taoufik Charfeddine (Interior Minister, 11 October 2021 – 18 March 2023); Kamel Feki (Interior Minister, 18 March – present); Leïla Jaffel (Justice Minister, 11 October 2021 – present); and Imed Memmich (Minister of National Defense, 11 October 2021 – present).
The sanctions request was made on behalf of: Noureddine Bhiri, Judge Bechir Akremi, Said Ferjani MP, Ghazi Chaouachi, Issam Chebbi, Chaima Issa, Ridha Belhaj, Rached Ghannouchi, and the deceased opposition party member Ridha Bouzayene. - 26th April 2023: An application for sanctions was filed at the EU.
- May 25th 2023: CASE FILING AT AFRICAN COURT OF HUMAN AND PEOPLES RIGHTS
A statement by the families stated that “Tunisia is one of only six African countries that have fully signed up to the African Court. This means that individuals from Tunisia can make direct applications to the court. The African court has jurisdiction to deal with all cases and disputes submitted to it involving allegations of human rights abuses… The application asked for urgent provisional measures to be granted ordering the immediate release of the detainees, and for the Tunisian Government to provide the detainees with medical care and full access to their legal teams. For the deceased individual, the application asked for a ruling that there is an investigation into his death and that all the evidence is preserved. Decisions by the court are binding.”
The African Court filing was made on behalf of the family members of political prisoners Noureddine Bhiri, Bechir Akremi; lSaid Ferjani, Ghazi Chaouachi, Ridha Belhaj, Chaima Issa, Issam Chebbi and Rached Ghannouchi as well as the family of Ridha Bouzayene, who was killed at the hands of the police after his arrest during a demonstration in January 2022. - 1 September 2023: The African Court on Human and Peoples’ Rights called on the Tunisian government to “take urgent measures regarding 4 political detainees in Tunisia, in relation to the conditions of their detention in prison”, including Ghannouchi.” The African Court called, in a statement published by several Arab and international websites, to remove all barriers that prevent 4 Tunisian political detainees from communicating with their families, lawyers, and doctors of their choice,” and to inform the detainees, their families, and their lawyers of the reasons for their detention, specifically providing “sufficient information and facts related to the legal and factual basis for the detention.”
- September 28, 2023: Ghannouchi went on a hunger strike as an expression of solidarity with the leader of the National Salvation Front, Jaouhar Ben Mbarek, who on September 26 went on a hunger strike in protest against his continued detention in the case of conspiracy against state security, as confirmed by his lawyer Islam Hamza in a blog post on Facebook.
- October 5th 2023: An article 15 complaint was filed at the International Criminal Court in The Hague asking for an investigation to be opened into the alleged crimes committed by the Tunisian Government – directed by Kais Saied – against civilians throughout society, in particular opposition leaders and parties, Black Tunisians and migrants, judges, trade unions, journalists and civil society.
The case was submitted on behalf of the family members of Rached Ghannouchi, as well as Said Ferjani, Ghazi Chaouachi, and Chaima Issa, Ridha Belhaj. The application also called for an investigation into the death of Ridha Bouzayene. The communication asked the prosecutor to investigate the following suspects: President Kais Saied; current Interior Minister Kamel Feki; former Interior Minister Taoufik Charfeddine; Justice Minister Leïla Jaffel; Minister of National Defense Imed Memmich, and the heads of the army and the Garde Nationale. - February 19, 2024: Ghannouchi began a hunger strike “in solidarity with political prisoners on hunger strike” in Mornaguia prison. This was announced in a statement by Ghannouchi’s defense committee, in which it said: “Mr. Rached Ghannouchi, head of the Ennahdha Movement party, has decided to go on a hunger strike from his place of detention in the civil prison in Mornaguia, starting today, in solidarity with the detainees who are on hunger strike and in support of all opponents in various Tunisian prisons and all prisoners of conscience.”
Sources
- BBC Arabic. تونس: شرطة مكافحة الإرهاب تستدعي زعيم حزب النهضة راشد الغنوشي. 1-4-2022.
- Alquds Alarabi. الغنوشي: فرقة مكافحة الإرهاب التونسية استدعت 30 نائبا. 31-3-2022.
- Sabah News. شكاية ضد الغنوشي لنعته الامنيين بالطاغوت.. الاستماع للأمين العام بالأمانة العامة لقوات الأمن بقطب الارهاب. 16-12-2022.
- Anadolu Agency Arabic. إبقاء الغنوشي بحالة سراح في قضية مرفوعة من نقابة أمنية. 21-2-2023.
- France 24 Arabic. القضاء التونسي يحكم على زعيم حركة النهضة راشد الغنوشي بالسجن ثلاث سنوات مع النفاذ العاجل. 1-2-2024.
- The Guardian. Families ask human rights court to free jailed Tunisian opposition leaders. 25-5-2023.
- Euronews. Children of political prisoners request ICC probe into Tunisian government. 5-10-2023.
- The Associated Press. Families of imprisoned Tunisian dissidents turn to the International Criminal Court seeking justice. 5-10-2023.
- Voice of America. Families of Jailed Tunisian Dissidents Head to ICC. 5-10-2023.