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High Commissioner for Human Rights: Harsh Sentences in “Conspiracy” Case Represent a Setback for Justice and the Rule of Law

UN High Commissioner for Human Rights Volker Türk expressed deep concern on Thursday about the harsh and lengthy sentences recently handed down to 37 people in Tunisia in connection with the so-called “conspiracy case,” considering them a serious setback for justice and the rule of law.

Türk said, “The judicial proceedings were marred by serious violations of fair trial rights and due process guarantees, raising serious concerns about the political motivations behind the trial.”

The defendants, who were tried under the anti-terrorism law and the penal code, included a number of well-known public and political figures in Tunisia. They were charged with vague and broad charges, including forming a terrorist organization, planning to commit terrorist crimes, financing terrorism, and conspiring against the internal and external security of the state. Their sentences ranged from 4 to 66 years in prison.

The High Commissioner noted that eight of the defendants had been held in pretrial detention since February 2023, exceeding the legal maximum of 14 months under the Code of Criminal Procedure, with restrictions on lawyer visits. Court hearings were held in 2025, and detainees were denied direct access to the court, restricted to virtual sessions, based on legislation passed during the COVID-19 pandemic without parliamentary approval.

The trial was conducted amid a lack of transparency. The evidence was not presented to the public, and neither the defendants nor their lawyers were allowed to examine or discuss it publicly. Several journalists, civil society representatives, and diplomats were also barred from attending the hearings.

Defense lawyers emphasized that the charges were based largely on meetings organized by the defendants as part of opposition political activity and meetings with foreign nationals, including diplomats, which do not constitute a crime in any way, and that engaging in public affairs should not be confused with engaging in terrorism.

In another worrying development, lawyer Ahmed Souab, a member of the defense team, was arrested and charged with terrorism-related offenses for statements he allegedly made after the verdicts were issued. This raises further questions about the ability of lawyers to practice their profession freely and safely.

Türk called for ensuring that all defendants enjoy their full legal rights during the appeal process, emphasizing the need to drop charges that are not based on sufficient evidence of wrongdoing.

He also reiterated his call on the Tunisian authorities to end the pattern of politically motivated arrests and prosecutions, immediately and unconditionally release all human rights defenders, lawyers, journalists, activists, and politicians who are being arbitrarily detained, and ensure respect for their fundamental rights, including freedom of opinion and expression.

Türk concluded his statement by saying, “Pretrial detention must remain an exceptional option, while respecting its legal limits. I also call on Tunisia to stop using overly broad national security and counterterrorism legislation to silence dissenting voices and restrict civic space, and to review these laws in line with international human rights standards.”

He added, “Tunisia has been a model and an inspiration to many countries following its political transition in 2011, and I hope it will soon return to the path of democracy, the rule of law, and human rights.”

Mehdi Ben Gharbia and Ahmed Laamari’s case postponed to a later date pending the outcome of the appeal

Tunis, April 24, 2025 – The Criminal Chamber specializing in terrorism cases at the Tunis Court of First Instance decided to postpone the case against former minister and businessman Mehdi Ben Gharbia and Ennahda Movement leader Ahmed Laamari to a later date, pending the outcome of the appeal filed against the referral decision issued by the Indictment Chamber.

The Indictment Chamber of the Tunis Court of Appeal had previously decided to refer Ben Gharbia and Laamari to the Criminal Chamber specializing in terrorism cases, to prosecute them on charges of a terrorist nature, based on facts related to their previous detention in a Tunisian prison.

It is worth noting that the Criminal Chamber had previously decided during a previous session to release Ahmed Laamari and keep him on bail. Mehdi Ben Gharbia continues to face legal proceedings while detained in separate cases.

When terrorism-related cases are attributed to well-known political figures or businessmen, they raise questions about the potential political exploitation of the judiciary, especially in a general climate characterized by an increase in politically motivated prosecutions.

The Freedom for Tunisia Observatory expresses its concern about the continued prosecution of political and civil figures in terrorism cases without sufficient evidence or guarantees of transparency and fairness. It calls for:

Speeding up appeals and judicial referrals without delay.

Ensuring respect for the rights of defendants to a fair trial based on standards of integrity and impartiality.

Avoiding the use of the judiciary as a tool to settle political scores or intimidate the political opposition and businessmen.

The Observatory reiterates the importance of judicial authorities’ commitment to Tunisia’s international human rights obligations, particularly the right to liberty, personal security, and a fair trial.

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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.