In a significant move ahead of an appeal hearing, Human Rights Watch (HRW) has called on Tunisia to annul convictions in a controversial case known as the “Conspiracy Case.” The organization demands the release of 37 defendants, which include adversaries of President Kais Saied, as well as notable activists, lawyers, and researchers. These individuals were initially sentenced by the Tunis Court of First Instance in April, facing imprisonment ranging from four to sixty-six years on charges related to “conspiracy against state security” and terrorism offenses. Details can be found here.
HRW has spotlighted several breaches of fair trial rights as outlined by international legal standards, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, both of which Tunisia has ratified. Concerns are particularly acute regarding pretrial detentions that extended beyond the legally permissible limit, as some detainees were held for more than two years. The group further reported instances of violence and deplorable detention conditions, notably identifying an incident involving an assault on activist Jaouhar Ben Mbarek.
The procedural aspects of the trial have also raised alarms. The initial court proceedings involved swift convictions after just three hearings, without adequate legal protections. This issue persists, as defense lawyers were given minimal notice for the current appeal hearing, resulting in a postponement. Moreover, the use of videoconferencing for the upcoming hearings is seen as contravening the right of detainees to appear physically before a judge, necessary for appropriate health and detention condition assessments.
HRW’s regional director condemned the handling of the case, referring to it as “a judicial process devoid of fair trial guarantees.” This sentiment underscores a broader trend of repression under President Saied, who has substantially consolidated judicial power since his dramatic takeover of state institutions in July 2021. His governance has been marked by increasing constraints on judicial independence, notably through the establishment of a presidentially appointed judicial council, facilitating arbitrary arrests and detentions starting from 2023.
The situation is further compounded by Tunisia’s impending withdrawal from allowing individuals and NGOs access to the African Court, a move rights groups see as a setback for human rights accountability. As part of their protest, several detainees, including Ben Mbarek, Issam Chebbi, Abdelhamid Jelassi, and Ridha Belhaj, have embarked on hunger strikes to draw attention to their claims of unjust detention and inadequate medical care.
This situation remains fluid as the upcoming appeal could potentially reshape the landscape of judicial fairness in Tunisia, an issue closely monitored by international rights bodies and legal observers alike.
The unfolding developments reflect ongoing struggles over judicature and civic freedoms in Tunisia, posing significant implications on both a national and international level.