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Hattab Ben Othman’s Trial Postponed: Suspicious Procedures and Long Trials Without Pleadings

Hattab Ben Othman, Union of Judicial Officials and Employees

Tunis – June 17, 2025 – The Criminal Chamber of the Tunis Court of Appeal decided on Tuesday to postpone the hearing of the case against former Secretary-General of the Union of Judicial Officials and Employees, Hattab Ben Othman, and a number of union members. This decision was made after the relevant chamber decided to refer the case to the First President of the Court of Appeal to appoint a different chamber. This decision was made due to the fact that a member of the current body had previously handled the case when it was before the Indictment Chamber.

Hattab Ben Othman attended the hearing in while in pre-trial detention, along with a number of union members referred with him, to appeal the initial rulings sentencing them to prison terms of between 3 and 5 years. Ben Othman had been initially sentenced to 14 years and 3 months in prison. These rulings sparked a wave of condemnation in trade union and human rights circles, given their severe nature and the trial circumstances.

Case Background:

This case dates back to the period when Hattab Ben Othman was president of the Union of Justice Officials and Employees. He and a number of his colleagues were charged with misconduct, abuse of power, and harming the administration. This was part of union activities that was considered at the time to be directed against both the executive and judicial authorities. Observers believed that the timing of the case and the number of harsh sentences issued reflected a desire to disrupt union activity within the justice sector and intimidate dissenting voices within official institutions.

In early 2024, the case was subjected to unjustified acceleration of proceedings and was referred directly to the criminal chamber without respecting the principle of gradual litigation. This prompted the defense team to challenge the entire judicial process and previously requested that the case be transferred to another chamber, a request that was considered today.

The Tunisian Freedom Observatory believes that this case is part of a series of politicized trials targeting union leaders or opposition figures, within a general context characterized by political isolation and restrictions on union freedoms. The Observatory also expresses concern about the double standards adopted in prosecuting certain officials and not others, given the absence of guarantees of a fair trial and judicial impartiality.

The Tunisian Freedom Observatory calls for:

  • Respecting the principle of impartiality in judicial appointments and avoiding reassigning cases to judges who have already heard them.
  • Uncovering the real reasons for expediting prosecutions of union members while they are performing their representative duties.
  • Ensuring respect for the right to defense and a fair trial for the defendants in this case.
  • Lifting all restrictions on independent union activity, particularly within judicial institutions.

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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.