TUNISIA: ARBITRARY DETENTION OF 8 POLITICAL ACTIVISTS

The International League Against Arbitrary Detention urges the Government of Tunisia to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 35/2024 concerning Mohamad Khayam ben Ibrahim ben Mustafa al Turki, Chaima bent Issa ben Ibrahim ben Hoagui Issa, Abdelhamid ben Abdelkader ben Mohamad al Jelassi, Issam ben Abdelaziz ben Ahmed al Chebbi, Ghazi ben Mohamad ben al Hadi al Chaouachi, Ridha ben al Bachir ben Mohamad Belhaj, Jaouhar ben Ezzedine ben Mohamed al Habib ben M’barek and Mohamad Lazher al Akremi, asking the Government of Tunisia to immediately and unconditionally release them and to accord them an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning the 8 individuals (Tunisia): Opinion No. 35/2024.

EIGHT INDIVIDUALS ARRESTED UNDER ALLEGATIONS OF CONSPIRACY AGAINST STATE SECURITY

The 8 individuals involved are all Tunisian nationals born between 1957 and 1979. All of them are either political activists, journalists, lawyers or figures affiliated with opposition parties or movements such as the “National Salvation Front” and “Citizens against the Coup”.

Between 11 and 25 February 2023, the 8 individuals were arrested under different circumstances by agents of the counter-terrorism brigade of the Ministry of the Interior: Mr. Al Turki, Mr. Al Jelassi, Mr. Al Chaouachi, Mr. Belhaj, Mr. Ben M’Barek and Mr. Al Akremi were arrested at their home, whereas Ms. Issa and Mr. Al Chebbi were arrested while they were in their car with a family member. The source alleged that the 8 people were arrested without being given the reasons for their arrest. 

Their arrests were reportedly part of an ongoing investigation into a “case of conspiracy against State security” and they were all charged with membership in a terrorist group and attempts to overthrow the government offences. The source reported that these charges were brought in response to their political activism, participation in peaceful demonstrations, and criticism of the government.

Despite the Working Group transmitting the allegations to the Government of Tunisia, it chose not to respond.

ARRESTED WITHOUT A WARRANT AND NOT PRESENTED BEFORE A JUDGE WITHIN THE REQUIRED PERIOD

The source submitted that the 8 individuals were placed in detention without proper legal procedures. The Working Group recalled its established jurisprudence, reaffirming that any deprivation of liberty must be in strict compliance with international norms. According to the source, in the cases of Mr. Belhaj and Mr. Ben M’barek, their arrests occurred without a warrant, in violation of article 9 of the Universal Declaration of Human Rights and article 9 (1) of the Covenant, which the Working Group accepted.

Furthermore, none of the 8 individuals were informed of the charges against them at the time of their arrest. Although the authorities claimed to hold arrest and search warrants, they did not allow the individuals to read these documents, depriving them of their right to understand the reasons for their arrest and effectively challenge their detention. Hence, the Working Group concluded to a violation of article 9 of the Universal Declaration of Human Rights and article 9 (2) of the Covenant.

Additionally, the source put forward that Mr. Al Turki, Mr. Al Jelassi, Mr. Al Akremi, and Ms. Issa were not presented before a judge within the required 48-hour period. In that regard, the Working Group reiterated that such delays exceeded the permissible timeframe and constituted a violation of article 9 (3) of the Covenant.

Therefore, the Working Group found that the arrests and detentions of the 8 individuals lacked legal basis and were arbitrary under category I as they violated articles 3 and 9 of the Universal Declaration of Human Rights.

DETAINED FOR EXERCISING THEIR RIGHTS TO FREEDOM OF OPINION AND EXPRESSION

According to the source, the detentions of all 8 individuals resulted directly from their exercise of fundamental freedoms, including their right to express their opinions, assemble peacefully, and participate in public affairs. Considering the elements presented by the source and the lack of a substantive response from the Government, the Working Group considered that the individuals were in fact targeted for their legitimate exercise of the right to freedom of opinion and expression, in violation of article 19 of the Universal Declaration of Human Rights and article 19 of the Covenant.

Moreover, the source submitted that their detentions were a direct consequence of their participation in peaceful demonstrations and assemblies as well as their engagement in public affairs in violation of articles 20 and 21 of the Universal Declaration of Human Rights and articles 21, 22 and 25 of the Covenant

In light of the aforementioned, the Working Group found the detentions of the 8 individuals to be arbitrary under Category II.

VIOLATIONS OF THEIR RIGHT TO A FAIR TRIAL

Given its findings under category II, the Working Group found that no trial should have taken place. However, as trials did take place, the Working Group evaluated the source’s submissions regarding the alleged fair trial violations.

According to the source, the 8 individuals were subjected to serious violations of their right to a fair trial, rendering their deprivation of liberty arbitrary. Notably, Mr. Al Turki, Mr. Al Jelassi, Ms. Issa, Mr. Ben M’barek, and Mr. Al Chebbi were denied access to legal assistance for 48 hours and were questioned without the presence of counsel. For these reasons, the Working Group concluded to a violation of article 11 of the Universal Declaration of Human Rights and article 14 (3)(d) of the Covenant.

Furthermore, none of the 8 individuals were reportedly tried before a competent, independent, and impartial tribunal. In that regard, the Working Group accepted the allegations that the executive branch exerted pressure on the judiciary and prosecution to accelerate investigations and prosecutions, compromising the impartiality of the proceedings. In that light, it found a violation of article 10 of the Universal Declaration of Human Rights and article 14 (1) of the Covenant. Additionally, the individuals were deprived of their right to present and cross-examine witnesses, as they were not given access to the supposed anonymous testimonies used against them, which was in violation of article 11 of the Universal Declaration of Human Rights and article 14 (3)(e) of the Covenant.

Moreover, the source submitted that before any trial took place, public statements—including ones made by the President—declared them guilty of terrorism-related charges. The Working Group reiterated that such declarations directly contravene the fundamental principle of presumption of innocence and concluded that their right to be presumed innocent had been violated according to article 11 (2) Universal Declaration of Human Rights and article 14 (2) of the Covenant.

Consequently, and in the absence of any refutation from the Government, the Working Group concluded that the violations of the 8 individuals’ fair trial rights were serious enough as to render their detention arbitrary under Category III.

CONCLUSIONS OF THE UN WORKING GROUP ON ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Mohamad Khayam ben Ibrahim ben Mustafa al Turki, Chaima bent Issa ben Ibrahim ben Hoagui Issa, Abdelhamid ben Abdelkader ben Mohamad al Jelassi, Issam ben Abdelaziz ben Ahmed al Chebbi, Ghazi ben Mohamad ben al Hadi al Chaouachi, Ridha ben al Bachir ben Mohamad Belhaj, Jaouhar ben Ezzedine ben Mohamed al Habib ben M’barek, and Mohamad Lazher al Akremi was arbitrary and fell under Categories I, II, and III, because their deprivation of liberty was in contravention of articles 3, 9, 10, 19, 20 and 21 of the Universal Declaration of Human Rights and articles 9, 14, 19, 21, 22 and 25 of the Covenant.

The Working Group recommended that the Government of Tunisia immediately take the steps necessary to remedy their situation without delay and bring it into conformity with the relevant international norms. The Working group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release the six individuals who remain in detention immediately and accord to all eight individuals an enforceable right to compensation and other reparations, in accordance with international law.