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About

Title/Affiliation
Former Minister in charge of relations with constitutional bodies in the government of Youssef Chahed (2016-2020), former MP in the 2019 parliament

Year of Birth
June 19, 1973

Profession
Businessman

Nationality
Tunisian

Lawyers
Ahmed Souab

Date Targeted

October 17, 2021

Current Status

Detained

Charges

Committing tax crimes, money laundering and “forgery and possession and use of a counterfeit by a non-public official or his like” and “establishing a certificate and a document stating materially untrue matters” and money laundering under the provisions of Articles 94, 95 and 96 of Law No. 26 of 2015 related to combating terrorism and preventing money laundering.

Cases and Violations

Judicial Authority
Criminal Chamber of the Primary Court in Sousse 1

  • October 16, 2021: Mehdi Ben Gharbia was arrested. Lawyer Ahmed Souab said: “Mehdi Ben Gharbia was surprised on 16/10/2021 by a large number of agents surrounding his house, which they entered at noon and searched, then they took him for a whole day in search operations of his companies and other locations, including his house located in Bizerte and remained in detention deprived of his freedom and contact with anyone and the extensive and detailed search operations did not result in the seizure of anything at all. At nine o’clock at night his interrogation by the central investigation team began on a case at the judicial pole in the capital which also turned out to be completely identical to the lies and fabrications promoted by the accounts and pages of the “Revolution News” gang and while he was staying in the hospital following a health crisis, the investigation team issued a prison order against him on behalf of the public prosecutor in Sousse without informing him and without obtaining permission regarding that until 36 hours later and he was finally discharged from the hospital on 20/10/2021 and transferred to Sousse and presented to the public prosecutor along with his company’s agent, financial manager and accountant all of whom were in detention and they were referred along with 9 of the employees of the Ben Gharbia company and account auditors who had been interrogated as witnesses throughout the primary investigation, now referred as defendants without any basis other than justifying the press release issued by the court’s prosecution announcing the news of the “referral of Mehdi Ben Gharbia with 12 defendants in money laundering crimes and financial and administrative corruption to the investigating judge”.
  • October 20, 2021: The Public Prosecution at the Economic and Financial Pole decided to retain Mehdi Ben Gharbia, on the “suspicion of committing financial crimes and money laundering”. The Central Squad for Combating Economic and Financial Crimes of the National Guard was tasked with investigating the case.
  • November 5, 2021: Mehdi Ben Gharbia went on a hunger strike that lasted more than fifty days, extending from the afternoon of Friday, 5/11/2021, until noon on Tuesday, 28/12/2021, in protest against his deprivation of meeting his five-year-old son in a regular direct visit without barriers especially since he I had recently lost his mother. Mehdi Ben Gharbia also demanded the end of his isolation and the rest of the prisoners in Messaadine prison from the outside world, as he was deprived of following news channels and receiving newspapers, magazines, books, and letters, and these demands were not achieved until after three weeks of the hunger strike, which caused him to lose more than 15 kilos of his weight and caused his health to deteriorate more than once, requiring his transfer to the hospital on three occasions, especially on the last occasion on 24/12/2021, where he was kept under medical supervision and persuaded to end his hunger strike, which he did on 28/12/2021.
  • December 14, 2021: The decision to seal the investigation was issued, which ended in the dismissal of money laundering charges and forgery against Ben Gharbia and his release as well as Sofien Bouhachem, the company’s agent, and the maintenance of only the charge of tax violations concerning the company. The public prosecutor appealed the decision to seal the investigation on the same day. For his part, Ahmed Souab, a member of Ben Gharbia’s defense team, stated that the investigating judge in Sousse 1, who dropped the heavy charges against his client related to money laundering and terrorism, was dismissed.
  • January 6, 2022: One of the chambers of the Sousse court rejected the conditional release request submitted by Mehdi Ben Gharbia’s lawyers and postponed the consideration of the case until February. The defense team of Ben Gharbia said that it was proven since 18/01/2022 that the public prosecutor deliberately fabricated the review of the inclusion of the receipt of criminal investigation materials by forging the receipt date and fabricating an incorrect date, as he received from the preliminary investigating judge the results of the investigation which were in favor of Mehdi Ben Gharbia since 23/11/2021 and hid them from the investigating judge and especially the results of the investigation of the customs administration in Sousse and the investigation of the Mediterranean Air Services Company, and he did not include them in the file until 17/01/2022, knowing that some of the contents of the results of those searches serve the purpose in answering what he justified in his request to return the case to the investigating judge within the documents of his appeal to the decision to seal the investigation.
  • May 10, 2022: The Indictment Division of the Court of Appeal in Sousse decided to refer Ben Gharbia to the Criminal Division of the Primary Court in Sousse 1 after the partial cassation of the decision to seal the investigation related to the investigative file of Mehdi Ben Gharbia and directing charges of forgery and possession and use of a counterfeit to the deputy for the person concerned and to 7 other suspects along with confirming a charge of money laundering against Ben Gharbia according to what was confirmed by the official spokesman of the same court, Hadi Khsib. The court refused the release requests in favor of the two suspects detained in the case.
  • May 10, 2022: A representative of the United Nations High Commissioner for Human Rights visited Ben Gharbia in Messaadine prison in Tunis.

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.