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Yamina Zoghlami Interrogated in Virtual Parliament Session Case, Released on Bail

On Tuesday, January 28, 2025, the Dean of the Investigating Judges at the Court of First Instance in Tunis heard Yamina Zghlami, former member of the House of People’s Representatives (Ennahda Movement parliamentary bloc), kept her on bail and presented her for identification tests.

The case concerns the online plenary session held by the previous House of Representatives in March 2022, which sparked widespread controversy. The Public Prosecution Office at the Court of First Instance in Tunis had ordered the opening of an investigation against the participants in that virtual session, where they face charges including:

-Forming and participating in an illegal group.
-Assault intended to change the state structure.
-Inciting chaos and assaulting property and persons.

The number of defendants in the case is 100 former deputies belonging to the previous (dissolved) parliament from various parliamentary blocs, which held a virtual plenary session in defiance of the exceptional measures taken by Saied since July 25, 2021, including the suspension of parliament’s work. 116 deputies (the parliament includes 217 deputies) voted in favor a draft law repealing the exceptional measures taken by the president (no votes against or abstentions). Several of them called in their interventions for a national dialogue and parliamentary and presidential elections as a way out of the political, economic and social crisis. As a result, parliament was permanently dissolved.

Political context
This virtual session is part of the political tensions that Tunisia witnessed following President Kais Saied’s decisions to freeze the work of parliament in July 2021 and seize all powers. The case has sparked human rights criticism, as it falls within a series of prosecutions targeting opposition leaders.

Comment by the Freedom for Tunisia Observatory
The Tunisian Freedom Observatory calls for ensuring respect for the rights of the defense and transparency of judicial procedures in this case, while stressing the need for the authorities to adhere to international standards for a fair trial, far from any political exploitation of the judiciary and not to engage in a policy of retaliation for political positions.

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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.