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Rejection of Request to Release Defendants in “Facilitation of Travel to Conflict Zones” Case

The criminal chamber specializing in examining terrorism cases at the Court of First Instance in Tunis decided, on Monday, November 25, 2024, to postpone consideration of the case of “networks transporting terrorists to conflict zones” and to reject the request to release the detainees in the case, including the former Prime Minister, former Minister of the Interior, and Vice President of the Ennahda Movement, Ali Laarayedh.

The case relates to accusations of inciting and facilitating the travel of hundreds of Tunisians to fight in the ranks of armed terrorist organizations, especially in Syria and Iraq. The list of defendants includes a former advisor to the Ministry of the Interior and other government officials, in addition to people suspected of belonging to terrorist groups.

The ruling on the case was postponed at the request of the defendants’ defense team to submit new requests.

Background of the case

Since President Kais Saied took power, the Islamist party Ennahda movement has been accused of facilitating the travel of extremists to conflict zones during its time in power, accusations which the movement has denied, describing them as an attempt to distort its image and cover up political and economic crises.

In a previous statement, the Ennahda movement considered that “the systematic targeting of Ali Laarayedh is an attempt to settle political scores and cover up the failure of the recent legislative elections, which were boycotted by more than 90% of voters.” It demanded his immediate release.

“Freedom for Tunisia” Observatory Comment

The “Freedom for Tunisia” Observatory believes that the continued detention of political figures in cases with political and judicial dimensions raises questions about the independence of the judiciary and respect for the rights of the accused. The Observatory expresses its concern about the use of terrorism files as a means to settle political scores in a climate characterized by declining freedoms and increasing restrictions on political activity.

The Observatory calls for the need to respect the rights of defense and ensure a fair trial, while avoiding any political use of the judiciary that may undermine confidence in democratic institutions and exacerbate the crisis of freedoms in Tunisia.

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Call to Action

Website petition: Freedom for prisoners of conscience and activists in Tunisia!

Tunisia is no longer the Arab exception that inspired the world in 2011 with a heroic revolution that overthrew the rule of Zine El Abidine Ben Ali, who ruled for nearly 23 years after seizing power on November 7, 1987, in a coup against Habib Bourguiba.

In a similar and perhaps more dangerous move, on the night of July 25, 2021, Tunisian President Kais Saied carried out a “constitutional coup” in accordance with his personal interpretation of Article 80 of the 2014 Revolutionary Constitution, announcing that he had taken a set of exceptional measures due to the “imminent danger” that threatens Tunisia without providing any details or reasons.

In accordance with these measures, Saied dismissed the government and the prime minister Hichem Mechichi who was present at the National Security Council that night at the Carthage Palace, and claimed that he had contacted the Speaker of Parliament Rached Ghannouchi (leader of the Ennahdha party) to consult with him in accordance with what is stipulated by the constitution, a claim which Ghannouchi denied since the call was general and did not include anything about exceptional measures or any consultation on the matter. The president suspended Parliament and later dissolved it in March 2022.

Not only did Saied seek to bypass his powers and the articles of the Constitution, which he swore to protect before the Assembly of the Representatives of the People, but he went on to dismiss and change the composition of the Supreme Judicial Council after redefining the judiciary it as a “function” rather than an independent authority. He further replaced members of the Supreme Electoral Commission in preparation for the referendum he held in order to vote on a constitution that he wrote himself after dismissing the proposals of the drafting committee he had himself appointed. Then legislative elections were held over two rounds, in which the participation rate did not exceed 8% of the total number of voters, with the Election Commission later announcing that it had reached 11%, which is the lowest participation rate in Tunisia and globally.

On February 11, President Saied’s regime launched a campaign of protests that has not stopped since, against political leaders, media figures, journalists, judges and senior officials and civil servants, for charges of “conspiring against the security of the state and committing an offensive act against the President of the Republic,” in addition to other charges that were referred to the military prosecution, leading one to wonder about the implication of the Tunisian army in the actions taken by Saied.

The arbitrary arrests were marred by several procedural violations amid criticism from prominent international organizations and observatories in the field of human rights. The standards of litigation and detention period and conditions were not respected. Prosecution and harassment sometimes extended to the detainees’ families, and no evidence, and in many cases, no charges against them were presented.

Moreover trade unions and political parties continue to be subjected to constant harassment and restrictions. Saied continues to target all “intermediary bodies” accusing them of “collaboration” or “treason”. Civil society associations have also been subjected to prosecution, arbitrary arrests and deprivation from representation, in a context of of increasing violence in society due to the authorities’ adoption of racist and discriminatory speeches and rhetoric inciting infighting and violating human dignity.

In light of the above, we, the undersigned, demand the following:

Call for the immediate release of all political detainees, immediately and unconditionally. We also urge the Tunisian authorities to recognize the national and the international human rights treaties they have ratified.
Call on the Tunisian authorities to stop dismantling the nascent democracy and put an end to unfair trials and prosecutions against political opponents of the regime and anyone who criticises it.
Call on all activists and observers to join the national movement for restoring democracy and ending authoritarian rule that has taken Tunisia back to despotism, injustice, and violations of rights and freedoms.