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Comprehensive Report on Candidates for the Tunisian Presidential Elections 2024, the Legal Situation, and International Positions

Tunisia is preparing for a bleak presidential election (2024), characterized by a dismal atmosphere due to legal and political restrictions and judicial harassment of opponents to Kais Saied—the current president. Following the self-coup he executed on July 25, 2021, which plunged the country into a state of political and economic instability and allowed him to consolidate power, Saied has not permitted any serious competitors to face him in the upcoming election on October 26. He has exploited the Independent High Authority for Elections, led by Farouk Bouasker, along with some judicial avenues he controls, to fabricate charges and prosecute several of his rivals.

All forms of repression have affected the electoral climate, instilling fear and uncertainty, thereby compromising the integrity of the electoral process and leading to the exclusion of several significant candidates.

1. Candidates and the Legal Situation

Status: In prison – eight-month sentence

The Secretary-General of the Popular Republican Union Party was sentenced to eight months in prison on corruption charges and faced accusations of mismanagement of resources. Despite his legal attempts to contest the rulings against him, his difficult legal status prevented him from continuing in the electoral race.

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Status: Released with legal proceedings ongoing

An independent writer and politician known for his opposition to Kais Saied, Saïd faces numerous charges and has been summoned for investigation multiple times after publicly criticizing the current political system, which angered the authorities. He was previously detained for attempting to cross the Tunisian-Algerian border illegally and later released. In June 2024, he received a four-month prison sentence for allegedly forging signatures during his candidacy for 2014 presidential election.

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Status: Outside the country and wanted for investigation

A former minister in the late President Zine El Abidine Ben Ali’s government, Znaidi faces several charges from Tunisian authorities, including conspiracy against state security and incitement to rebellion against the current regime. He also faces accusations of forming a terrorist organization and incitement to join it, as well as conspiracy to change the state’s structure, in addition to spreading fear and chaos among the population through videos shared on social media. Despite attempts to run for the presidency, his complicated legal situation and ongoing investigations have hindered his effective participation, leading him to be listed as a wanted person by Tunisian authorities.

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Mondher Zenaidi recherché …

Status:

After being accepted as a preliminary candidate for the presidency, Zammal was sentenced to one year and eight months in prison for alleged forgery of popular endorsements, effectively removing him from the race.Less than one week before the elections, Zammal was further sentenced to 3 years of prison in each of 4 cases, adding up to 12 years in prison, as well as being deprived of his right to vote in the elections.

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Status: In prison

The former Secretary-General of the Democratic Current Party faces charges related to what is known as the "conspiracy against state security" case. He publicly criticized the previous government (Najla Bouden) and was convicted under new laws aimed at restricting freedom of expression (Decree 54). He was arrested in February 2023 in connection with these charges, which are part of a series of legal actions against several political figures in Tunisia post-2021.Despite being in prison, Chaouachi announced his candidacy for the presidential elections scheduled for October 2024. In his electoral statement published from prison, he emphasized his intention to defend his civil and political rights despite what he termed the repressive measures against him. He also filed urgent cases against authorities that denied him essential legal documents for his candidacy, such as a criminal record certificate and popular endorsement forms.

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Status: Outside the country and wanted for investigation

Imad Daimi is a Tunisian politician and activist in the fight against corruption. He was the director of the office of former President Moncef Marzouki and is the founder of "Marsad Raqaaba," which focuses on uncovering corruption cases within government institutions.In 2024, Daimi faced charges related to alleged fraud and forgery of endorsements after his candidacy for the presidential elections was rejected. His case was referred to the public prosecution on charges of deception and concealing his legal status regarding his ban from running. Daimi denied these charges and filed complaints with Tunisian courts and the United Nations.

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Status: In prison – facing multiple charges

The president of the Free Constitutional Party in Tunisia was imprisoned following a court ruling in August 2024. These rulings stemmed from various charges, including "insulting the Independent High Authority for Elections" and "processing personal data without permission," as well as charges related to "disrupting freedom of work and inciting chaos." Moussi was arrested while attempting to file a legal appeal against a presidential decree concerning upcoming local elections. Despite facing a two-year prison sentence, her supporters and party view these charges as politically motivated to prevent her from participating in the presidential elections.

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2. Exclusion and Reinstatement of Candidates

The Independent High Authority for Elections excluded several candidates based on legal cases and multiple accusations. Some candidates filed appeals with the Administrative Court, which ruled in favor of some. However, the authority refused to comply with those rulings, complicating the electoral situation and raising questions about the transparency of the electoral process.

Nine days before the election, parliament amended a law on Friday, 27 September, stripping power from the administrative court over decisions made by the election authority, removing the court’s oversight role and preventing results from being potentially contested before it. The move sparked anger from opposition and civil society groups, and was rejected as illegal by a large number of law professors in a public statement.

Saied has not permitted any serious competitors to face him in the upcoming election on October 26. He has exploited the Independent High Authority for Elections, led by Farouk Bouasker, along with some judicial avenues he controls, to fabricate charges and prosecute several of his rivals.

3. International Reactions

Human Rights Organizations

International human rights organizations like Amnesty International and Human Rights Watch have expressed concern over the decline of freedoms in Tunisia. According to reports from these organizations, over 70 people have been arrested since late 2022, including politicians, journalists, and human rights activists. These arrests have raised alarms about the deterioration of human rights and freedom of expression in the country.

European Union and the United States

The European Union has expressed concern regarding the situation in Tunisia, particularly regarding the curtailment of freedoms, and stated that legal actions against candidates and journalists undermine trust in the democratic process. The United States has also called for ensuring free and transparent elections and urged the Tunisian government to respect human rights and fundamental freedoms.

4. Media Restrictions

Tunisia is witnessing a decline in press freedom. Several journalists have been arrested and charged under new laws such as Decree 54 related to cybercrime. This decree imposes penalties of up to five years in prison for publishing “false news” or criticizing government officials in ways that may be considered “detrimental to national security.” This media repression has garnered widespread condemnation from international human rights organizations.

Conclusion

The 2024 presidential elections in Tunisia face significant challenges, related to the exclusion of many candidates and the escalation of legal and political crises. Increasing international criticism from human rights organizations and foreign states reflects concern about the future of democracy in Tunisia, with ongoing calls for ensuring free and transparent elections and respecting fundamental freedoms.

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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.