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“Conspiracy Case 2”: Hearing Postponed to May 27 Amid Legal Violations and Unsubstantiated Accusations

The Fifth Criminal Chamber, specializing in terrorism cases at the Tunis Court of First Instance, decided to postpone the hearing of the case known as “Conspiracy Against State Security Case 2” until May 27, while rejecting all requests for bail for any of the detainees. The hearing was held remotely, despite objections from the defense team, which denounced “a violation of the principle of confrontation in person” and “political control of the proceedings.”

The case includes 21 defendants, including prominent political figures such as Rached Ghannouchi, Ali Laarayedh, Abdelkarim Labidi, Mahrez Zouari, Habib Ellouze, Kamel Bedoui, Rayan Hamzaoui, Nadia Akacha, Youssef Chahed, and others. They are charged with conspiracy against state security, forming a terrorist group, financing terrorism, and attempting to overthrow the government. The charges were based on a single, contradictory testimony from an unidentified individual (Witness X), without any physical evidence or seized items to support the allegations.

Legal Background of the Case:

According to judicial documents and the decision to close the investigation, the case is based on an analysis of ordinary communications between individuals of different political persuasions, and on allegations that were not substantiated by tangible evidence. The prosecution did not present any evidence to support the hypothesis of the existence of an armed organization or coup intentions, nor were any weapons seized or actual operational plans presented.

An analysis of the case file reveals that:

  • The testimony of the secret witness is the primary source of the accusations, and he later retracted a large portion of his statements.
  • The prosecution relied on interpretive analyses of phone calls without direct evidence.
  • The investigations ignored the absence of seized items and relied on informant reports.
  • The case was marred by violations, such as the establishment of a summer-time legal unit out of jurisdiction, the disregard of defense demands, and the refusal to hear defense witnesses.

Article 13 of the Anti-Terrorism Law requires the presence of physical acts of violence or intimidation, which was not the case. Article 72 of the Penal Code requires the presence of a physical act to overthrow the regime, which was not proven by the facts or evidence in this case.

Position of the Freedom for Tunisia Observatory:

The Freedom for Tunisia Observatory expresses its deep concern about the course taken in the “Conspiracy 2” case, and emphasizes that:

  • Resorting to remote trials and the refusal to release detainees without legal justification undermine the most basic elements of a fair trial.
  • The use of a single, conflicting testimony as the sole source of accusation contradicts international standards for the integrity of judicial proceedings.
  • The case exemplifies the exploitation of the judiciary in political conflicts, where legitimate political activity is conflated with terrorist crimes to discredit the opposition.
  • The fact that the trial of these figures coincides with major political transformations reinforces the hypothesis of selective targeting.

The Observatory calls for:

  1. The immediate release of those detained in this case.
  2. The dropping of the charges, which are based on a flimsy and unsubstantiated basis.
  3. An investigation into legal and procedural violations, including the holding of remote hearings.
  4. Inviting the UN Special Rapporteur on the independence of the judiciary to visit Tunisia.
  5. Calling on international organizations to strictly monitor this and other cases of a political nature.

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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.