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Noufel Saied

About

Position: Professor of constitutional law and lawyer, and brother of Tunisian President Kais Saied.

Duties and Responsibilities: Noufel Saied has not held an official position in the Tunisian government, but has played a prominent role as a key advocate for the decisions of his brother, President Kais Saied. Through his social media platforms, Noufel was an early supporter of controversial decisions made by the president, including suspending parliament and assuming executive power in July 2021. He has often used his social media pages to comment on political developments and defend his brother’s policies, making him part of the public debate about the future of Tunisia.

Relations: Noufel Saied is considered a key supporter of his brother’s policies. He has made clear his support for Kais Saied’s moves against parliament and the political opposition. Noufel Saied was also part of his brother’s 2019 presidential campaign and served as an informal advisor on constitutional issues. He has developed a wide network of relationships with senior and security officials, and he constantly seeks to play the role of “facilitator” with the military leaders he meets from time to time. He also constantly interferes in appointments to senior positions in the state, and uses his law firm to look into cases targeting businessmen. He is also involved in contracting with the Italian firm Giambrone, which is known for corruption.

He works hard to consolidate his brother’s authoritarian regime and plays the role of “motor” in liberal circles (businessmen) and the wealthy classes in Tunisia.

Human Rights Violations

Defending controversial decisions: Noufel Saied uses his platforms to promote the decisions taken by the president, including suspending parliament and assuming executive powers, steps that paved the way for the shift towards authoritarian rule.

Targeting the opposition: In his statements, Noufel openly targets the Tunisian opposition, accusing it of resorting to external forces to support its demands, as part of promoting government narratives that portray opponents as traitors.
Use of the President’s Moral Authority: He exploits his brother’s position and moral authority to influence citizens and officials and uses it for his personal interests and the interests of his family and the family of the President’s wife and his friends and acquaintances.

Complaints & Lawsuits

Possible Legal Proceedings: Given Noufal Saeed’s role in defending his brother’s undemocratic policies, the Observatory is working to submit complaints against him to:

  • The United Nations: to document his role in supporting decisions that affect human rights and democracy.
  • The European Union: to submit reports on his support for possible constitutional and legal violations.
  • The International Bar Association and similar bodies: As he works as a lawyer, all international and union bodies at the local and international levels will be contacted

Sources

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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.