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Extension of Pre-Trial Detention of Ennahdha Leader Noureddine Bhiri

The indictment chamber specializing in examining terrorism cases at the Court of Appeal in Tunis decided, on Friday, November 15, to uphold the decision of the investigating judge at the Judicial Counter-Terrorism Pole, which ruled to extend the pre-trial detention of Ennahdha leader Noureddine Bhiri for an additional four months.

This extension relates to accusations concerning suspicions of forging passports and handing them over to wanted persons in terrorism cases. The first investigating judge at the Judicial Counter-Terrorism Pole had previously issued a warrant for imprisonment against Bhiri in the context of the same case.

The case also included other arrests, including former security officials, including a former Director General of the Specialized Services at the Ministry of Interior, in connection with the investigation into these suspicions.

If the extension of the precautionary detention of Noureddine Bhiri was carried out in accordance with the procedures stipulated in the Anti-Terrorism Law and the Code of Criminal Procedure, with clear justifications provided, the decision is considered legal from a formal standpoint.

Legal Concerns

Despite the legality of the decision in terms of form, the use of pre-trial detention for long periods without a final trial raises serious concerns about respect for human rights and fair trial guarantees. These concerns are more prominent in cases of a political nature or involving opposition figures, such as Noureddine Bhiri.

The “Freedom for Tunisia” Observatory considers that these measures come in a context that raises increasing concerns about the use of pre-trial detention as a political tool to restrict freedoms and target opposition figures, especially in light of the absence of fair trial guarantees and adherence to legal procedures.

Relevant Legal Data

Duration of Pre-tTrial Detention

According to Article 85 of the Tunisian Code of Criminal Procedure, pre-trial detention may be extended in exceptional cases and with the approval of the investigating judge or the competent court, provided that the legal extension period in ordinary cases does not exceed six months, renewable with the approval of the court.

For terrorism-related cases, the Anti-Terrorism Law (Basic Law No. 26 of 2015) gives judges broader powers, including the extension of pre-trial detention for longer periods, taking into account the public interest and the course of justice.

Necessity of extension

The extension must be justified by clear and stated reasons, such as the complexity of the case, the need for additional investigations, or the existence of risks related to the defendant’s influence on the course of justice.

Guarantees for Defendants

The defendant or his/her defense team has the right to appeal the extension decision before the court, and the duration of the detention must be proportionate to the seriousness of the charges against him/her and the evidence available.

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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.