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Court Upholds 10-Year Prison Sentence Against Noureddine Bhiri: Vague Charges Criminalize Political Expression

Tunis, June 3, 2025 – The Criminal Chamber of the Tunis Court of Appeal upheld the ruling of the court of first instance against former Minister of Justice and Ennahda Movement leader Noureddine Bhiri, sentencing him to 10 years in prison in the so-called “Facebook post” case, which was attributed to him during his participation in a National Salvation Front protest march in the Menzah region.

The Court of First Instance had charged Bhiri with inciting residents to attack each other, fomenting unrest in Tunisia, and plotting an attack with the intent of overthrowing the state. These charges have been described by many lawyers and human rights activists as vague and based on intentions and assumptions that do not reach to the level of a criminal act.

The Freedom for Tunisia Observatory expresses deep concern about the endorsement of such a harsh sentence based on political expression, in the absence of actual evidence of acts of violence or physical incitement to violence.

The Observatory recalls that Article 37 of the Tunisian Constitution and Article 19 of the International Covenant on Civil and Political Rights explicitly protect the right to freedom of expression, peaceful assembly, and political criticism, including views that are in opposition to state policies, unless they include direct and serious calls for violence, which, according to published data, does not exist in Bhiri’s case.

The Freedom for Tunisia Observatory considers the sentence against Noureddine Bhiri to be part of the judicial system’s use of force to eliminate political opponents and criminalize the expression of opinion and participation in civil society movements.

  • It warns of the danger of the widespread application of charges such as “altering the state structure” and “incitement to disorder” without precise criteria or material evidence.
  • It calls for this ruling to be overturned before the Court of Cassation and for a broader legal debate to be opened on the use of the judiciary to restrict freedom of expression in Tunisia.
  • It reiterates its demand to ensure the independence of the judiciary and to keep political cases out of criminal jurisdiction.

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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.