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Statement by the Freedom for Tunisia Observatory on the Occasion of the International Day of Endangered Lawyers

Decline in fundamental freedoms and escalation of threats against lawyers 🇹🇳

On the occasion of the International Day of Lawyers at Risk, on January 24, the Freedom for Tunisia Observatory draws attention to the difficult situation experienced by lawyers in Tunisia, including judicial pressures and punitive measures, in light of the escalation of political arrests and the decline in fundamental freedoms, including freedom of expression and the press, which represents a clear threat to the rule of law and the principles of justice. 
 
In this context, at least 46 Tunisian lawyers face ongoing threats to their freedom and safety due to the nature of their work and their defense of prisoners of conscience or due to their positions related to issues of public affairs. These include:
  • Five lawyers who are currently in prison (2 female lawyers).
  • Other lawyers who are being prosecuted or have been subjected to detention for specific periods.
  • Lawyers who were forced to leave the country, where they face constant threats of imprisonment if they return. 
The Observatory stresses that targeting lawyers in Tunisia represents a flagrant violation of fundamental rights guaranteed under national laws and international treaties. These lawyers have committed no crime other than carrying out their professional duty to defend human rights, express their positions, or criticize officials, which makes their prosecution unacceptable. 
 
The Freedom for Tunisia Observatory calls for:
  1. ⁠the immediate release of all lawyers detained because of their political opinions and positions.
  2. ⁠Putting an end to all forms of judicial prosecution and harassment of lawyers and human rights defenders.
  3. providing real guarantees for the independence of the judiciary, protecting public and individual freedoms, and ensuring the right of lawyers to perform their professional duties without fear or pressure. 
In conclusion, the Freedom for Tunisia Observatory calls on the national and international community, human rights and professional organizations, to stand in solidarity with Tunisian lawyers at risk, renews the expression of its full solidarity with them, and calls for strengthening joint efforts to ensure their protection and put an end to violations against them.

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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.