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Court of Appeal Postpones Hearing of Abir Moussi’s Case Following Complaint from Association for the Protection of Sacred Sites

Tunis, May 26, 2025 – The Criminal Chamber of the Tunis Court of Appeal decided on Friday, May 23, to postpone the hearing of the case against Abir Moussi, President of the Free Destourian Party, until June 20, 2025, in response to a request submitted by Moussi during the hearing.

The case concerns a complaint filed by an association known as the “Association for the Protection of Sacred Sites” against Moussi, based on statements or positions the association deemed offensive. The Court of First Instance had previously imposed a fine of 500 dinars against Moussi, prompting her to appeal the ruling.

Lawyer Imed Krichi, a member of the defense team, stated in a press statement that Moussi’s lawyers were not notified in advance of the hearing, preventing them from attending. He emphasized that the absence of media access constitutes a violation of procedures and undermines the conditions for a fair trial, especially since the case is being heard by an appeals court at a critical stage.

Freedom for Tunisia Observatory: Vague Concepts Used to Restrict Freedom of Expression

The Freedom for Tunisia Observatory believes that the continued prosecution of the leader of an opposition party based on a complaint filed by an unofficial association claiming to protect sacred things poses a threat to freedom of opinion and political expression, especially in light of the absence of a clear legal definition of the concept of “sacred entities” or limits on their use in the public sphere.

The Observatory believes that such cases, despite the apparent simplicity of the penalties, are used to build an arsenal of rulings against dissidents, which can later be used politically or judicially to restrict their movements or exclude them from electoral contests.

It also warns of the dangers of associations exploiting religion or cultural symbols to suppress political or critical discourse, and recalls that freedom of expression includes the right to criticize public beliefs or related policies, unless accompanied by calls for violence or hatred.

The Freedom for Tunisia Observatory calls for:

  • An end to the use of vague religious or moral concepts in the judicial prosecution of political opponents;
  • Respect for procedural guarantees, including legally notifying the defense team;
  • Rejecting the principle of trial without the actual presence of the defense or the accused, especially in cases of a political or symbolic nature.

The Observatory emphasizes that justice is not served by judicial pressure on political expression, but rather is built on open debate and respect for diversity of opinion and position, without fear of persecution or silencing.

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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.