Growing Concerns Over Tunisia’s Judicial Independence Amid Adding Human Rights Lawyers to Conspiracy Case

Amnesty International has expressed concerns about growing repression in Tunisia following the authorities’ decision to broaden a criminal investigation based on unfounded accusations of “conspiracy.” The investigation previously targeted 17 suspects, of whom 12 were arrested, on charges of plotting to attack the state and foment social tension. The president has publicly labeled those arrested as “terrorists.” In a worrying development, the authorities have added four dissidents to the list of accused, including human rights lawyer Ayachi Hammami, feminist lawyer Bochra Belhaj Hamida, and two opposition political figures, Nejib Chebbi and Noureddine Bhriri. The latter has been in detention since February.

Amnesty International’s Director for the Middle East and North Africa, Heba Morayef, stated that the authorities have already done enough damage to freedom of expression and the rule of law by arbitrarily detaining dissidents on unfounded allegations. She called for the authorities to close the investigation immediately, release all detained individuals, and stop manipulating the judiciary as a tool of repression. Tunisia‘s economic crisis is steadily deepening, and the authorities should be promoting healthy debate over the country’s future instead of targeting eminent lawyers and political opposition members who have fought for a better future for Tunisia, Morayef added.

The investigation is being conducted under ten articles of the Penal Code, including Article 72, which mandates the death penalty for trying to “change the nature of the state,” and over a dozen articles of a 2015 counterterrorism law. Amnesty International’s concerns stem from the possibility that the authorities are using the legal system to silence dissenting voices and spread fear.

Tunisia has been experiencing a broader regression in human rights since President Saied suspended Parliament and claimed emergency powers in July 2021. He has adopted a new constitution that threatens human rights and issued decree-laws that undermine judicial independence and freedom of expression. The authorities have targeted critics and perceived opponents of the president with criminal investigations and prosecutions.

The situation in Tunisia should raise urgent human rights concerns among countries and human rights organizations. The authorities should respect the right to freedom of expression, allow democracy to return to Tunisia, and enable its citizens to work towards a better future. It is crucial that countries and human rights organizations express their concerns at every opportunity and demand that the authorities end the current repression, release all detained individuals, and respect the rule of law.

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