In flagrant violation of all international fair trial standards, the Fifth Criminal Chamber, specializing in terrorism cases at the Tunis Court of First Instance, issued a series of unfair rulings at dawn today, April 19, 2025, in the case known as “Conspiracy Against State Security,” which targeted prominent political and human rights figures.
This disastrous development confirms beyond a shadow of a doubt the continued distortion of the judiciary under President Kais Saied’s regime, transforming it into a tool for political retaliation, while perpetuating repressive practices reminiscent of the darkest periods of authoritarianism in Tunisia’s modern history.
Politicized Trials Under the Guise of Counterterrorism
This case began in February 2023 with a campaign of arbitrary arrests targeting political opponents, lawyers, and journalists on vague charges of “conspiracy against the internal and external security of the state.”
Despite the clear political nature of the case, judicial and security authorities deliberately violated all legal guarantees, relying on provisions of the Anti-Terrorism Law and the Code of Criminal Procedure to justify prolonged detention without a fair trial and forced remote trials of defendants.
April 18, 2025 Session: A Blatant Violation of the Right to Defense and a Public Trial
The April 18 session witnessed serious violations that undermined the very essence of a fair trial, most notably:
- Complete Police Closure of the Court: The Palace of Justice was surrounded by security forces, preventing citizens, journalists, and civil society representatives from attending the session. Only one journalist was allowed in, in a clear violation of the principle of publicity.
- Restrictions on Lawyers: Security authorities imposed exceptional measures on lawyers, including requiring them to present their IDs and preventing some from entering the courtroom, including members of the Bar Association and university professors.
- Refusal to interrogate defendants: None of the defendants present at trial were questioned, nor were the detainees who refused to appear remotely, in a clear violation of the right to defense and to be heard.
- Suspiciously Hasty Deliberations and Judgment: The presiding judge announced the court’s entry into negotiations and the pronouncement of judgment less than 30 seconds after rejecting the defense’s requests for a postponement, a blatant form of unfair sham trial.
- Insistence on Trial Despite Appeals: The court ignored the existence of legal appeals pending before the Court of Cassation regarding the referral decisions, despite the defense’s submission of evidence that the case was “still pending,” rendering the judgment devoid of any legal legitimacy.
Defense Committee’s Position: A Decisive Confirmation of the Absence of Justice
In a statement issued on April 18, the defense committee described the events as a “stain on the history of the Tunisian judiciary,” arguing that:
- The court has lost its independence and has become a tool for implementing the will of the executive authority and the security services.
- The session violated all fair trial standards, including the requirement of being public, hearing the defendants, respect for the rights of the defense, and the impartiality of the court.
- The decision to hold a remote trial was intended to cover up security violations and falsify evidence, especially given the involvement of anonymous witnesses who were clearly biased against the defendants.
- The expected rulings have lost any legitimacy, given that the Court of Cassation has assumed responsibility for the case, which legally negates the current criminal chamber’s right to consider it.
Initial Verdicts: Harsh Penalties Without a Fair Trial
The court issued harsh sentences ranging from 4 to 66 years in prison, according to a distribution that lacked all standards of justice (the full list is at the end of the article):
- Maximum sentences were issued against the most prominent detainees: Kamel Letaief (66 years in prison), Khayam Turki (48 years in prison), and Noureddine Bhiri (43 years in prison).
- Prison sentences ranging from 13 to 18 years were issued against well-known political figures such as Issam Chebbi, Jaouhar Ben Mbarek, Ghazi Chaouachi, Redha Belhaj, Chaima Issa, and others.
- 33-year prison sentences were issued against defendants in absentia, in unusual and unprecedented maximum sentences.
- Failure to establish the actual elements of any conspiracy: Despite the gravity of the charges, no concrete evidence was presented to support the official narrative, while dubious documents and unconfirmed allegations were relied upon.
A Complete Collapse of Fair Trial Standards
What happened on April 18-19 constitutes a systematic violation of all the fundamental principles of a fair trial, enshrined in:
- The International Covenant on Civil and Political Rights (Article 14): particularly the right to a public hearing, the right to examine witnesses, and the right to a trial before an independent and impartial tribunal.
- The United Nations Principles on the Role of Judges and Lawyers: which stipulate that judges must be protected from any political pressure.
- African and Arab Human Rights Standards: which emphasize the right to defense and protection from sham trials.
The nature of the proceedings and the verdicts confirm that the trial was not intended to achieve justice but rather was part of an organized campaign to eliminate political opponents through the use of the judiciary as a means of repression.
In light of this dangerous escalation, the Freedom for Tunisia Observatory calls for:
- The immediate and unconditional release of all those arbitrarily detained in this case.
- The suspension of remote trials and the guarantee of the right to be present before a judge.
- Ensuring that hearings are public and open to the press and civil society representatives.
- An immediate and independent investigation into the violations recorded during the trial.
- Demanding that UN and regional bodies send monitoring missions to investigate the deterioration of judicial independence in Tunisia.
The flagrant violations of the right to defense, the blatant manipulation of judicial procedures, and the issuance of harsh sentences in the absence of a fair trial that occurred in Tunisia on the night of April 18-19, 2025, do not merely represent a deviation from the path of justice; they are a full-fledged state crime against the constitution and international treaties which Tunisia has ratified.
The Freedom for Tunisia Observatory warns that the continuation of these sham trials, coupled with the systematic political repression that has accompanied them, threatens to completely undermine confidence in the judiciary and deepen the democratic collapse the country is experiencing under President Kais Saied.
Accordingly, the Freedom for Tunisia Observatory holds the Tunisian authorities fully legally and morally responsible for the violations committed and calls on UN bodies and international and regional human rights organizations to take urgent action to:
- Stop the slide toward a comprehensive judicial dictatorship.
- Ensure immediate accountability for those responsible for falsifying justice.
- Protect the fundamental freedoms of the Tunisian people from systematic violations.
- Kamel bin Youssef bin Suleiman Letaief, detained, 66 years
- Mohammed bin Ibrahim bin Mustafa Turki, detained, 48 years
- Nourredine bin Abdullah bin Salem Bhiri, detained, 43 years
- Issam bin Abdelrazzak bin Ahmed Chebbi, detained, 18 years
- Jawhar bin Ezzedine bin Mohammed Sahbi Ben Mbarek, detained, 18 years
- Ghazi bin Mohammed Hadi Chaouachi, detained, 18 years
- Ridha bin Mohammed Ridha Belhaj, detained, 18 years
- Abdelhamid bin Abdelkader bin Mohammed Jelassi, detained, 13 years
- Mohammed bin Mohammed bin Dhaou Hattab Salama, detained, 4 years
- Mohammed bin Ahmed Akremi, on bail, 8 years
- Chokri bin Monji bin Hassan Bahriya, on bail, 13 years
- Mohammed Lazhar Mahjoub, on bail, 8 years
- Nourredine bin Younes Boutar (radio owner), on bail, 10 years
- Chaima Issa, on bail, 18 years
- Riadh Mahjoub Imad Chaibi, on bail, his name was removed from the case due to Appeal by cassation
- Mohamed Mabrouk Hamdi, on bail, 13 years
- Mohamed Bechir Yadaoui, on bail, 13 years
- Ridha Ali Jilan Chardeddine, detained, sentenced in absentia, 16 years
- Sahbi Salem Atig, detained, sentenced in absentia, 13 years
- Said Mohamed Ferjani, detained, sentenced in absentia, 13 years
- Kamel Bechir Bedoui, detained, sentenced in absentia, 13 years
- Mohamed Raouf Bouraoui Khalfawi, detained, sentenced in absentia, 13 years
- Ali Mahjoub Mohamed Salhi, in absentia, 33 years with immediate effect
- Hamza Mohamed Ridha Ali Meddeb, in absentia, 33 years with immediate effect
- Monji Larbi Dhaouadi, in absentia, 33 years with immediate effect
- Kamel Said Guizani, in absentia, 33 years with immediate effect
- Ridha Mohamed Idris, in absentia, 33 years with immediate effect
- Mustafa Kamel Hajj Ali El Nabli, in absentia, 33 years with immediate execution
- Mohamed Kamel Hassouna Amara Jendoubi, in absentia, name removed from the case due to a cassation appeal
- Noureddine Hamed Belgacem Benticha, in absentia, name removed from the case due to a cassation appeal
- Kaouther Mohamed Kamel Amara Daassi, in absentia, 33 years, with immediate effect
- Mohamed Abdel-Raouf Abdel-Rahman Mohamed Lousif Khalfallah, in absentia, 33 years, with immediate effect
- Abdelmajid Omar Taher El-Zar, in absentia, 33 years, with immediate effect
- Tesnim Rached Mohamed Kheriji, in absentia, 33 years, with immediate effect
- Nadia Amin Hattab Ben Makani Akacha, in absentia, 33 years, with immediate effect
- Karim Farid Laurent Ben Mohamed Guellali, a in absentia, 25 years, with immediate effect
- Rafiq Abdel-Rahman Chaabouni, in absentia, 33 years, with immediate effect
- Nejla Khalifa Letaief, in absentia, 33 years, with immediate effect
- Bochra Belhaj Hamida, in absentia, 33 years, with immediate effect
- Bernard-Henri Lévy (French nationality) 33-years, with immediate effect