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Three Years in Prison and Heavy Fines Against Ridha Charafeddine: Lack of Proportionality and Politicization of Financial Justice

The Sixth Criminal Chamber of the Tunis Court of First Instance, which specializes in financial corruption cases, issued a three-year prison sentence against businessman and former member of the dissolved parliament, Ridha Charafeddine, and imposed financial fines exceeding 72 million dinars on him in a case related to making financial gains abroad without a license from the Central Bank. The case stems from a complaint filed by the Public Prosecutor at the Economic and Financial Judicial Pole, accusing him of violations related to foreign spending and financing without legal authorization.

Ridha Charfeddine is a prominent figure in the economic and political arenas. He previously chaired the Etoile Sportive du Sahel club and was a member of Parliament before its dissolution by presidential decree on July 25, 2021.

A Fast-Tracked Judicial Process and a Disproportionate Punishment

The Tunisian Freedom Observatory notes that the case did not follow the normal progression typically followed in financial cases, such as first referring the case to the Central Bank or attempting an administrative settlement. Instead, a warrant for imprisonment was issued, followed by a speedy trial that ended with a severe penalty.

The Observatory asserts that the sentences issued, both in terms of prison terms and fines, reflect a lack of proportionality and represent an unjustified escalation in light of the judicial standards previously adopted in similar cases.

The Freedom for Tunisia Observatory believes that this case is part of a continuing trend of trials targeting public figures and former parliamentarians, amid the profound political transformations Tunisia has witnessed since 2021 and the absence of adequate guarantees for judicial independence.

The Observatory expresses its concerns that financial corruption cases could become a means of eliminating political opponents or businessmen who are not aligned with the ruling authorities, especially given the absence of effective legislative oversight and the executive branch’s dominance over judicial and administrative decision-making.

The Freedom for Tunisia Observatory condemns the ruling against Ridha Charfeddine, considering it a dangerous indicator of the expanding scope of political exploitation of the financial judiciary. It recalls that combating corruption cannot be achieved through selectivity or exceptional judicial cases, but rather through respect for the law, ensuring gradualism, and providing the conditions for a fair trial.

The Observatory calls for:

  • Publishing the full reasoning for the ruling to the public.
  • Respecting the right to defense and ensuring fair procedures in exchange cases.
  • Ending the use of the judiciary as a tool for settling political scores.
  • Ensuring the Tunisian state’s commitment to the principles of separation of powers and the effective independence of the judiciary from the executive branch.

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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.