Tunisia: Arbitrary Detention Crushes Dissent
The Tunisian government has turned arbitrary detention into a cornerstone of its repressive policy, aimed at depriving people of their civil and political rights.
Following President Kais Saied's takeover of Tunisia's state institutions on July 25, 2021, the authorities have dramatically intensified their repression of dissent.
Tunisian authorities should immediately release all those arbitrarily detained and stop prosecuting people for exercising their human rights. Tunisia's international partners should urge the government to end its crackdown.
The Tunisian government has turned arbitrary detention into a cornerstone of its repressive policy, aimed at depriving people of their civil and political rights, Human Rights Watch said in a report published today. The authorities should end their crackdown against perceived critics and release all those arbitrary detained, in many cases merely for exercising their human rights.
The 42-page report, ''All Conspirators': How Tunisia Uses Arbitrary Detention to Crush Dissent, ' documents the government's increased reliance on arbitrary detention and politically motivated prosecutions to intimidate, punish, and silence its critics. Human Rights Watch documented the cases of 22 people detained on abusive charges, including terrorism, in connection with their public statements or political activities. They include lawyers, political opponents, activists, journalists, social media users, and a human rights defender. At least 14 detainees could face capital punishment if convicted. Over 50 people were being held on political grounds or for exercising their rights as of January 2025.
'Not since the 2011 revolution have Tunisian authorities unleashed such repression,' said Bassam Khawaja, deputy Middle East and North Africa director at Human Rights Watch. 'President Kais Saied's government has returned the country to an era of political prisoners, robbing Tunisians of hard-won civil liberties.'
Following President Saied's takeover of Tunisia's state institutions on July 25, 2021, the authorities have dramatically intensified their repression of dissent. Since early 2023, they have stepped up arbitrary arrests and detentions against people perceived as critical of the government, targeting opponents from across the political spectrum.
President Saied fuels security forces' and judicial authorities' targeting of dissent, Human Rights Watch found. He has often publicly accused government critics and unnamed political adversaries of being 'traitors' and even 'terrorists.'
Authorities have imprisoned Saied's main political adversaries and prominent opposition figures, including Abir Moussi, president of the Free Destourian Party (PDL) and Rached Ghannouchi, former president of the Ennahda opposition party and former speaker of parliament. Prominent people detained for publicly criticizing the authorities include Sonia Dahmani, a lawyer, and Mohamed Boughalleb, a journalist.
The authorities have relied on an aggressive legal toolbox, including unfounded security and terrorism charges under the penal code and 2015 Counterterrorism Law, which grants security forces broad monitoring and surveillance powers, allows for a suspect to be held up to 15 days in custody, and permits informants and witnesses to remain anonymous. The authorities have also used laws that breach freedom of expression and the right to privacy, including provisions of the penal code and Telecommunications Code as well as Decree-Law 54 on Cybercrime. They have charged many of the detainees whose cases were documented in this report with 'attempting to change the nature of the state,' which can carry the death penalty.
Tunisian authorities have detained many critics for more than 14 months pretrial, the maximum permitted under Tunisian law. Judicial authorities have regularly brought additional charges or issued new detention orders to keep prominent figures behind bars, sometimes without even bringing detainees before a judge, Human Rights Watch found.
The authorities' repeated attacks on the judiciary, including President Saied's dismantling of the High Judicial Council, have severely undermined its independence and jeopardized Tunisians' right to a fair trial. They have also targeted defense lawyers with judicial harassment, criminal prosecution, and travel bans for the legitimate exercise of their profession. Tunisian authorities have prosecuted, convicted, and detained civilians deemed critical of the authorities in military courts, which should not have jurisdiction over civilians.
Human Rights Watch found that detainees are often being held in harsh detention conditions and that authorities have failed to provide adequate medical care to several prisoners detained for their peaceful opinions or political activities. In some cases, they are subject to 24-hour video surveillance, round-the-clock artificial light, or strip searches.
Chadha Hadj Mbarek, a journalist who has a hearing disability and is serving five years for 'attempting to change the nature of the state,' faces poor detention conditions and a lack of reasonable accommodation and support. She has difficulty hearing her family during visits due to the physical setup and has no communication support. Prison authorities have denied her access to her medication, her brother Amen told Human Rights Watch.
'She lost her livelihood, and being associated with a conspiracy and terrorism case made her feel like a pariah,' he said.
Tunisia is a state party to the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights, which guarantee the right to freedom of expression and assembly, to a fair trial, and to not be subject to arbitrary arrest or detention.
Tunisian authorities should immediately release all those arbitrarily detained, drop abusive charges against them, and stop prosecuting individuals for exercising their human rights. Tunisia's international partners should urge the government to end its crackdown and to protect space for freedom of expression, association, and assembly.
The European Union and its member states, which have largely failed to speak up regarding the dire human rights situation, should publicly express concerns about the deteriorating human rights situation in Tunisia and review any cooperation with Tunisia to ensure it is tied to compliance with international human rights obligations. The African Commission on Human and Peoples' Rights should urge Tunisia to immediately comply with the binding rulings of the African Court on Human and People's Rights.
'Tunisia's international partners have consistently ignored the deteriorating human rights situation in Tunisia, even as political opponents and critics rack up one heavy-handed prison sentence after another,' Khawaja said. 'The international community has an urgent responsibility to do its utmost to seek the release of all those unjustly detained.'
Distributed by APO Group on behalf of Human Rights Watch (HRW).
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