
Detained
Card Contents
About
Affiliation
Vice president of the Ennahdha movement
Date of birth
July 10, 1958
Profession
Lawyer, Member of Parliament in 2019, and former Minister of Justice
Nationality
Tunisian
Lawyers
Ines Harrath, Samir Ben Omar, Sami Triki
Date Targeted
Current Status
Charges
Assault intended to alter the state body, according to Chapter 72 of the Penal Code, punishable by death. In relation to a statement he made on Facebook dating back to January 2023, which he published during a protest by the National Salvation Front.
Cases and Violations
His lawyers stated that he was “referred for a blog post in which he called for a demonstration for the January 14 march” and that “no trace of the post or statement was found on his page”.
judicial authority
Anti-terrorism Judicial pole
Procedures and violations
Bhiri was arbitrarily detained for approximately 70 days in early 2022 before being released without charge.
- December 31, 2021: He was arrested immediately after leaving the house with his wife in his car, and his wife reported that she was pushed and hit on the head by individuals in civilian clothes.
- December 31, 2021: Tunisian Interior Minister, Taoufik Charfeddine, issued two administrative decisions placing Bhiri and Fethi el-Beldi under house arrest.
- On December 31, Ennahdha Party announced that Bhiri was kidnapped and taken to an unknown destination, then announced his transfer to the regional hospital in Qatfa in Bizerte, northern Tunisia, on January 3, after his health condition deteriorated and he went on a hunger strike. He was released after approximately two months.
- March 7, 2022: The Interior Ministry announced the ending of Bhiri’s house arrest.
- 13 December 2022: Complaint addressed to the United Nations. The families of political prisoner Bhiri and the deceased Ridha Bouzayene instructed Geneva-based lawyer Ridha Ajmi to lodge a complaint with the Office of the United Nations High Commissioner for Human Rights (OHCHR) and the UN Special Rapporteur on the Independence of Judges and Lawyers against all those involved in what he described as “serious human rights violations affecting him, in addition to violating the right to justice and obstructing its course”.
- 15th December 2022: Tunisian advocacy group, Tunisian United Network, called on United States President Joe Biden to place sanctions on Tunisian President Kais Saied and a number of Tunisian officials. The US-based Tunisian United Network (TUN) said on that it had catalogued dozens of human rights abuses inflicted on Tunisian citizens since Saied sacked the government and suspended parliament in July 2021. In a statement the group said “The violations include, but are not limited to, egregious free speech restrictions, the prosecution of peaceful dissent, blanket use of arbitrary travel bans, undermining fair trial rights, threatening freedom of association, police brutality, privacy infringement, arbitrary house arrests and detention, abduction and clandestine detention, and increased military prosecutions of civilians,” and that the offences “rise to the level of sanctionable violations” in the US.
- The sanctions request was made on behalf of Noureddine Bhiri and the killed opposition party member Ridha Bouzayene.
- February 13, 2023: Bhiri was arrested and his house was raided, after being besieged by dozens of security personnel.
- His lawyer, Anouar Ouled Ali, confirmed that signs of violence were evident on Bhiri after his arrest, but he was not treated or even taken to the doctor. The Defense committee said in a statement that Noureddine Bhiri requested treatment and a medical examination, given that his shoulder was broken and his leg suffered from wounds. The doctor at the detention center indicated the need for immediate medical intervention, and despite this, they refused to treat him before issuing his imprisonment verdict. He was taken to an unknown destination, even though the law stipulates that the family must be informed.
- His wife, Saida Akremi reported that the security forces violently assaulted her and their children and confiscated all of their phones. She said, “We were under a state of terror. We were assaulted, our phones were confiscated, and our house was searched even though I am a lawyer and the law stipulates that the head of the Bar Association branch or a member of it must be present to conduct the search.”
- Lawyer Ines Harrath pointed out that “Bhiri suffered several injuries during his violent arrest without receiving treatment,” stressing that “the inspection and detention procedures did not respect the requirements of the Code of Criminal Procedure nor the decree regulating the legal profession, and that the investigating judge gave authorization to the squad that arrested him without respect for the conditions required by law.”
- February 13, 2023: The investigating judge at the Tunisian Court of First Instance issued an imprisonment order against him.
- Lawyer Ines Harrath pointed out that “the imprisonment order was issued without Bhiri being interrogated in the first place, as he and his defense presented only procedural notes and formal demands, and that the defense submitted an objection to disqualify the investigating judge.”
- The request was based on a criminal complaint that was filed against the investigating judge for not authorizing an ambulance for Bhiri on the grounds of an assault he was subjected to during his arrest by security officers.
- Bhiri informed the investigating judge that he “went on a brutal hunger strike because of the assault he was subjected to, which led to him sustaining varying degrees of damage to his leg, shoulder, and hand,” according to lawyer Samir Ben Omar.
- Bhiri told the investigating judge that he was “injured in the shoulder and unable to move his hand as well as an injury to his leg,” but the investigating judge did not authorise the medical examination of the injuries, although Bhiri was brought in for investigation while his left shoulder was seriously injured and he was not treated despite his request”.
- 22nd March 2023: The families of a number of detainees, including Bhiri, submitted a request to the UK Government asking for sanctions to be imposed on Kais Saied (President of the Republic of Tunisia, Head of State, Head of Government and Commander-in-chief of the Tunisian Armed Forces, 23 October 2019 – present); Ridha Gharsallaoui (Former Acting Interior Minister, 29 July 2021 – 11 October 2021); Taoufik Charfeddine (Interior Minister, 11 October 2021 – 18 March 2023); Kamel Feki (Interior Minister, 18 March – present); Leïla Jaffel (Justice Minister, 11 October 2021 – present); and Imed Memmich (Minister of National Defense, 11 October 2021 – present).
- The sanctions request was made on behalf of: Noureddine Bhiri, Judge Bechir Akremi, Said Ferjani MP, Ghazi Chaouachi, Issam Chebbi, Chaima Issa, Ridha Belhaj, Rached Ghannouchi, and the deceased opposition party member Ridha Bouzayene.
- 26th April 2023: An application for sanctions was filed at the EU.
- May 25th 2023: CASE FILING AT AFRICAN COURT OF HUMAN AND PEOPLES RIGHTS
- A statement by the families stated that “Tunisia is one of only six African countries that have fully signed up to the African Court. This means that individuals from Tunisia can make direct applications to the court. The African court has jurisdiction to deal with all cases and disputes submitted to it involving allegations of human rights abuses… The application asked for urgent provisional measures to be granted ordering the immediate release of the detainees, and for the Tunisian Government to provide the detainees with medical care and full access to their legal teams. For the deceased individual, the application asked for a ruling that there is an investigation into his death and that all the evidence is preserved. Decisions by the court are binding.”
- The African Court filing was made on behalf of the family members of political prisoners Noureddine Bhiri, Bechir Akremi; Said Ferjani, Ghazi Chaouachi, and Rached Ghannouchi as well as the family of Ridha Bouzayene, who was killed at the hands of the police after his arrest during a demonstration in January 2022.
- 1 September 2023: The African Court on Human and Peoples’ Rights called on the Tunisian government to “take urgent measures regarding 4 political detainees in Tunisia, in relation to the conditions of their detention in prison”, including Noureddine Bhiri. The African Court called, in a statement published by several Arab and international websites, to remove all barriers that prevent 4 Tunisian political detainees from communicating with their families, lawyers, and doctors of their choice,” and to inform the detainees, their families, and their lawyers of the reasons for their detention, specifically providing “sufficient information and facts related to the legal and factual basis for the detention.”
- October 5th 2023: An article 15 complaint was filed at the International Criminal Court in The Hague asking for an investigation to be opened into the alleged crimes committed by the Tunisian Government – directed by Kais Saied – against civilians throughout society, in particular opposition leaders and parties, Black Tunisians and migrants, judges, trade unions, journalists and civil society.
- The case was submitted on behalf of the family members of Noureddine Bhiri as well as Rached Ghannouchi, Said Ferjani, Ghazi Chaouachi, and Chaima Issa. The application also called for an investigation into the death of Ridha Bouzayene. The communication asked the prosecutor to investigate the following suspects: President Kais Saied; current Interior Minister Kamel Feki; former Interior Minister Taoufik Charfeddine; Justice Minister Leïla Jaffel; Minister of National Defense Imed Memmich, and the heads of the army and the Garde Nationale.
- December 20, 2023: A second imprisonment order was issued against Bhiri “without interrogation, in a case in which the defense committee challenged the integrity of its procedures and the charge,” according to a statement from the Ennahdha Party. According to lawyer Amin Bouker, “the decision to suspend Mr. Bhiri was ready before his appearance.” The case concerns the granting of Tunisian citizenship to two people during his supervision of the Ministry of Justice. Lawyer Bouker stated that, “contrary to what is frequently said and repeated, Mr. Bhiri has never been questioned in the case of passports and nationality due to the withdrawal of his defence team in protest against the investigating judge’s violation of basic procedures and Mr. Bhiri’s refusal to answer.” The lawyer added in his Facebook post, “Contrary to what was mentioned, the case, as proven from the file, relates to an official in the Nationality Department (without the minister’s knowledge or permission- Since when is a minister expected to be consulted on such administrative matters?) at the Ministry of Justice by granting a certificate proving nationality based on the passport he had been previously granted by the late president Habib Bourguiba, to those concerned with the matter all the way back in 1984… The National Counter-Terrorism Committee and the Interpol office in Tunisia wrote to the investigating judge and confirmed that those concerned with the nationality request were not included on either the international terrorist lists, the national registry, or the UN sanctions list related to terrorism”.
Sources
- رفض طعن البحيري ضد قرار إحالته على أنظار الدائرة الجنائية للمحاكمة
- المحكمة الإفريقية تطالب باتخاذ إجراءات عاجلة لفائدة 4 معتقلين سياسيين في تونس
- محامو نور الدين البحيري يعلنون دخوله في “إضراب جوع وحشي بعد تعرّضه للاعتداء”
- قرار بحبس البحيري.. ومحامون لـ”عربي21″: تعرض للاعتداء أثناء التوقيف
- هيئة الدفاع عن نور الدين البحيري: بطاقة إيداع بالسجن في حقّ منوّبنا بسبب تدوينة
- قائمة الموقوفين والمحاكمات للسياسيين والحقوقيين منذ انقلاب سعيّد في تون