Skip links

Court of Cassation upholds decision to refer Abir Moussi to criminal chamber of Tunis Court of First Instance

abir moussi

One of the criminal chambers of the Court of Cassation decided on Wednesday, January 29, 2025, to reject the appeal filed by Abir Moussi’s defense team against the decision of the Indictment Chamber of the Tunis Court of Appeal, which ruled to refer her to the criminal chamber of the Tunis Court of First Instance, thus upholding the decision to refer her to trial.

The investigating judge of the Tunis Court of First Instance had issued a prison order warrant against the head of the Free Destourian Party, Abir Moussi, following a complaint filed against her by the Independent High Authority for Elections due to a media statement she had made, which was deemed to be in violation of the law.

Moussi was charged with using information systems, spreading false news, and attributing untrue matters with the aim of defaming others, according to Article 24 of Presidential Decree 54.

After the decision of the Indictment Chamber of the Court of Appeal to refer her to the Criminal Chamber, her defense team filed an appeal, but the Court of Cassation decided to reject the appeal, which means upholding the decision to refer Abir Moussi to trial before the Criminal Chamber of the Court of First Instance in Tunis.

Comment by the Freedom for Tunisia Observatory

The Freedom for Tunisia Observatory expresses its deep concern about the continuation of the prosecution of Abir Moussi under Decree 54, which is considered a legal tool used to restrict freedom of expression in Tunisia. The Observatory also calls for:

Ensuring a fair and transparent trial, far from any political exploitation of the judiciary.

Reviewing the laws that threaten freedom of expression, most notably Decree 54.

Stressing the right of all defendants to appeal referral decisions and benefit from all legal guarantees.

The case of Abir Moussi is part of a series of prosecutions against opposition figures, raising concerns about the future of political freedoms in Tunisia.

Share

More Posts

عربية
Français
Icon-x Facebook Instagram Tiktok Youtube

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.