Skip links

Indictment Chamber Rejects Bail Request for Lawyer Ahmed Souab Despite the Absence of Serious Charges

Tunis, May 22, 2025 – The Indictment Chamber specializing in terrorism cases at the Tunis Court of Appeal rejected the bail request submitted by lawyer and former administrative judge Ahmed Souab. Souab was imprisoned pursuant to a warrant issued by the investigating judge of the Judicial Counter-Terrorism Pole. The warrant was issued following a public statement Souab made regarding the criminal chamber investigating the so-called “Conspiracy Against State Security Case 1.”

Ahmed Souab had expressed his position, as a lawyer and legal activist, regarding the judiciary’s handling of the “Conspiracy Case 1” case in a public statement in which he expressed a critical legal opinion regarding the judicial procedures and process.

Although his statement falls within the limits of freedom of expression guaranteed by the constitution, his statement was classified as a terrorist crime, and the investigating judge issued a warrant for his imprisonment.

Arbitrary Classification of Critical Statements as Terrorist Crimes

The Freedom for Tunisia Observatory considers the continued detention of lawyer Ahmed Souab and the refusal to release him on bail, despite the peaceful nature of his statements, a dangerous expansion of the use of the Anti-Terrorism Law to criminalize legal opinion and institutional criticism.

The Observatory affirms that classifying a public legal opinion as a terrorist crime constitutes a flagrant violation of Article 31 of the Tunisian Constitution and Article 19 of the International Covenant on Civil and Political Rights. It also threatens the independence of the legal profession, freedom of thought, and public debate.

The Freedom for Tunisia Observatory demands:

  • The immediate release of lawyer Ahmed Souab;
  • The dismissal of judicial prosecutions based on peaceful expressions and professional opinions;
  • The cessation of the use of the Anti-Terrorism Law to settle scores with lawyers and dissidents;
  • Guaranteeing the freedom of defense and judicial debate within the judicial system without threat or intimidation.

The Observatory warns that transforming legal criticism into a terrorist charge perpetuates a climate of fear within the judicial profession and undermines citizens’ confidence in the independence of the judiciary and the justice of the state.

Share

More Posts

عربية
Français
Icon-x Facebook Instagram Tiktok Youtube

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.