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Leila Jaffel

Card Contents

About

Profession/Position
Judge and Minister of Justice

Period in Office
Since October 11, 2021

Tasks and responsibilities
Involvement in the harassment and persecution of opponents of Kais Saied’s regime and attempts to subjugate the judiciary

Relations

  • Kais Saied: Has a special and strong relationship with the President of the Republic whereby they work together to control the judiciary and transform it into a tool that is subordinate to the executive.
  • Taoufik Charfeddine: Former Minister of the Interior and implicated in joint cases.
  • Makram Jelassi: One of her advisors (recently dismissed); implicated in a corruption case revealed by military intelligence regarding the blackmailing and smuggling of businessman Samir Jiab.
  • Mehrez Hammami: Director of the Judicial Police who is usually assigned to commit procedural violations during the arrest or targeting of opponents.
  • Mohamed Hedi Guizani: The minister’s husband and a former judge in Zaghouan who was dismissed due to corruption allegations and is being pursued in several cases. The minister is accused of interfering and exploiting her influence to her advantage.

Human Rights Violations

Usurpation of the powers of the Supreme Judicial Council:
Since Kais Saied dissolved the Supreme Judicial Council on February 12, 2022, the Ministry of Justice has seized judicial powers by freezing the activities of the Interim Judicial Council. The Minister of Justice has also refused to implement the decisions of the Administrative Court to reinstate dismissed judges, which has led to widespread criticism from human rights organizations.
Persecution of journalists:
In October 2024, the head of the Tunisian Journalists Syndicate, Zied Dabbar, confirmed that the situation of detained journalists was dire, and pointed to the deterioration of the health of journalist Mohamed Boughalleb, who suffers from chronic diseases that threaten his life. He blamed the Minister of Justice, Leila Jaffel, for the deterioration of the situation, stating that Decree 54 was used to unfairly prosecute journalists. He also pointed to the conditions of other journalists such as Chada Haj Mbarek and Borhen Bsaiess.
Fabricating charges against political opponents:
Her tenure in office witnessed arbitrary trials and unlawful arrests of political opponents such as Jawhar Ben Mbarek, Noureddine Bhiri, Ghazi Chaouachi, and Ridha Belhaj. Harsh detention conditions were reported, with detainees subjected to psychological and physical torture and denied healthcare.
Amending the electoral law:
In September 2024, the Tunisian Judges Association issued a statement denouncing the Ministry of Justice’s attempt to strip the jurisdiction of the Administrative Court and the Court of Auditors under a new law. This amendment was seen as targeting the role of the judiciary in monitoring elections, threatening the integrity of the electoral process.
Targeting candidates for the 2024 presidential elections:
Leila Jaffel, in coordination with the presidency, contributed to harassing anyone who submitted a serious candidacy to run in the electoral race, fabricating legal files and bringing charges against them.
Violations against political detainees and journalists, including:
  • Mohamed Boughalleb: Imprisoned journalist suffering from serious illnesses, worsened by medical neglect.
  • Sonia Dahmani: A lawyer and journalist who was subjected to humiliating and inhumane search procedures inside prison.
  • Noureddine Bhiri: A former Minister of Justice and a leader in the Ennahda Movement, who suffers from harsh detention conditions, as he was subjected to medical neglect despite his critical health condition.
  • Jawhar Ben Mbarek: A professor of constitutional law, he has been forced to remain in poor conditions and was subjected to psychological torture.
Control of the judiciary:
|The Minister of Justice issued decisions to transfer and promote the judiciary based on personal loyalty, far from transparency standards. She has also used administrative memoranda to influence judges and ensure their loyalty to the ministry.

Exploitation of influence and corruption:

  • She is directly accused of her husband’s implication in corruption cases, as reports spread about her exploiting her position to achieve personal gains, yet no investigation was opened into the matter.
  • Cyber ​​activists confirmed that the Minister supervises the management of suspicious pages on social media to launch smear campaigns against political opponents.

Complaints & Lawsuits

Legal Cases against Jaffel

Locally:

  • January 2023, 37 dismissed judges filed criminal complaints against Leila Jaffel for obstructing the implementation of administrative court decisions.
  • May 2024: Complaints filed by judge Ahmed Souab and politician Mohamed Abbou against the minister, relating to arbitrary arrests and fabricated cases.

Internationally:

  • March 2023: Families of political detainees demanded sanctions against the Minister of Justice from the United Kingdom and from the European Union.
  • October 2023: A complaint was filed with the International Criminal Court to investigate crimes committed against political detainees, including Rached Ghannouchi and Noureddine Bhiri.
  • May 2023: A complaint was filed with the African Court of Human Rights to demand the release of detainees and the achievement of justice.

Testimonies:

  • Ziad Dabbar: He pointed out the responsibility of the Ministry of Justice for the tragic situation of detained journalists.
  • Lawyer Jamal Bouglab: He criticized the legal irregularities in the trial of journalist Mohamed Bouglab.
  • Tunisian Judges Association: Denounced the pressures exerted by the Ministry of Justice on the judiciary.
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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.