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Tunisia: Harsh sentences in Instalingo case, growing fears of political score-settling

Tunisia: Harsh sentences in Instalingo case, growing fears of political score-settling
On Wednesday, February 5, 2025, the Second Criminal Chamber of the Court of First Instance in Tunis issued prison sentences against a number of defendants in the “Instalingo” case, one of the most controversial cases in Tunisia.
Case details and prominent defendants
The “Instalingo” case relates to a company specialized in digital content production and communication, which was operating in the city of Kalaa El Kebir in the governorate of Sousse, before it was closed in the context of security investigations that began in September 2021. The investigations included more than 45 individuals, including politicians, journalists, bloggers, and security personnel; 12 defendants were arrested and 8 international arrest warrants were issued for a number of those outside the country.
Background of the case
The authorities accuse these individuals of involvement in illegal activities that undermine state security, while the case has political dimensions and targets opposition figures.
They have been charged with several charges, including:
Money laundering within the framework of a conspiracy, and exploiting the facilities provided by the characteristics of the job and professional and social activity.
An attack intended to change the state structure, and to incite the population to attack each other, and to cause chaos, murder and looting on Tunisian soil.
Committing an offensive act against the head of state.
Assaulting the external security of the state by attempting to undermine the integrity of Tunisian soil.
Most prominent rulings issued: 
The rulings issued by the Second Criminal Chamber of the Court of First Instance ranged in total from five years in prison for journalist Chadha Haj-Mbarek, to a maximum of 38 years in prison for one of the owners of the Anstalingo Foundation, Yahya Kehili, while the rest were distributed as follows:
Politicians and government officials:
Hichem Mechichi (former Prime Minister) – 35 years in prison.
Rached Kheriji Ghannouchi (former Parliament Speaker and leader of the Ennahdha Movement) – 22 years in prison.
Rafik Abdessalem- 35 years in prison.
Waddah Khanfar (former director of Al Jazeera Network and head of the Sharq Forum) – 32 years in prison.
Lotfi Zitoun – 35 years in prison.
Abdelkarim Arnous – 32 years in prison.
Hilal Al-Qurashi – 32 years in prison.
Journalists and bloggers:
Chahrazad Akacha – 27 years in prison.
Lotfi Hidouri – 27 years in prison.
Bechir Yousfi – 27 years in prison.
Mohamed Hachfi – 25 years in prison.
Majoul Ben Ali – 25 years in prison.
Rami Ben Afia – 25 years in prison.
Sabrine Latiri– 25 years and one month in prison.
Slim Jebali – 12 years in prison.
Chadha Belhaj Mbarek – 5 years in prison.
Achraf Barbouch– 6 years in prison.
Security officers and former officials:
Mohamed Ali Al-Aroui (former spokesperson for the Ministry of Interior) – 13 years in prison.
Lazhar Longo (former Director General of the Specialized Services at the Ministry of Interior) – 15 years in prison.
Samia Sabbati – 10 years in prison.
Taoufik Sebai– 8 years in prison.
Other individuals included in the sentences:
Haitham Kehili– 35 years in prison.
Salem Kehili– 28 years in prison.
Yahya Kehili– 23 years in prison.
Moadh Kheriji– 35 years in prison.
Soumaya Kheriji– 25 years in prison.
Abdelkarim Suleiman – 14 years in prison.
Riadh Bettaieb – 8 years in prison.
Sayyid Ferjani– 13 years in prison.
Adel Daadaa – 37 years in prison.
Habib Sboui – 6 years in prison.
Mahdi Jamal – 6 years in prison.
Lamia Daadaa – 6 years in prison.
Safinaz Benali – 6 years in prison.
Achraf Omar – 6 years in prison.
Mariam Daadaa – 6 years in prison.
Achraf Khadrawi – 17 years in prison.
Hamdi Boumiza – 17 years in prison.
Growing concerns about the independence of the judiciary and the settling of political scores
The harsh sentences issued in the case have sparked a wide wave of reactions, especially from human rights and media organizations, which considered that some of these sentences lack guarantees of a fair trial and are inconsistent with international human rights standards.
In light of these developments, the Freedom for Tunisia Observatory expresses its deep concerns that these trials will turn into a tool for settling political scores and targeting opponents, as part of a systematic policy that threatens fundamental freedoms.
The Observatory calls on the judiciary to protect its independence, distance itself from any political pressures, and not to follow the directives of the executive authority, in order to ensure fair trials based on the law and facts, not political considerations. It also stresses the importance of ensuring that the judiciary is not used as a tool for political revenge.
These rulings remain subject to appeal, which opens the way for their reconsideration within a framework that ensures justice and transparency.

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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.