Tunisia

UN: Sentences in the “Conspiracy” Case in Tunisia Represent a Setback for Justice and the Rule of Law

The United Nations condemned, on Thursday, the sentences issued against those accused in the “conspiracy against the state security” case in Tunisia, calling them a “setback for justice and the rule of law.”

This statement was made by UN High Commissioner for Human Rights, Volker Turk, and was posted by the UN Human Rights Office on its website.

Turk expressed his concern, stating: “The severe and lengthy sentences imposed on 37 individuals in Tunisia in what is known as the ‘conspiracy case’ represent a setback for justice and the rule of law.”

On Saturday, the criminal division specialized in terrorism cases at the Tunis Court of First Instance issued preliminary prison sentences ranging from 4 to 66 years against 37 accused individuals in the case, including 22 present and 15 in absentia.

Tunisian authorities had previously clarified that the detainees in this case were being prosecuted on criminal charges such as “conspiracy against state security” or “corruption” and denied the existence of political detainees. However, they did not respond to the UN official’s criticism of the legal procedures followed in their trial.

Turk added that “the trial was marked by violations of the right to a fair trial, raising serious concerns about political motives behind the actions.” He explained that “the trial lacked transparency, as evidence was not presented publicly or subject to cross-examination. Moreover, several journalists, civil society representatives, and diplomats were prevented from attending the public sessions. Before the sentences were issued, the accused who appeared in person were not given the opportunity to speak, and their lawyers were not given sufficient time to present their defenses.”

He called for “ensuring that all accused individuals fully enjoy their legal rights to fair trial procedures during the appeal process” and added: “Charges should be dropped if there is insufficient evidence of illegal acts.”

He concluded by saying, “Tunisia was a model and an inspiration for many countries in the region after its political transition in 2011, and I hope it will return to the path of democracy, the rule of law, and human rights.”

The case dates back to February 2023, when a group of “opposition politicians,” lawyers, civil society activists, and businessmen were arrested and accused of charges including “attempting to harm public order and undermine state security,” “espionage for foreign powers,” and “inciting chaos or rebellion.”

Opposition figures and human rights organizations assert that the case has a “political nature” and is being used to “eliminate political rivals and silence voices critical of President (Kaïs) Saïed, especially those opposed to his exceptional measures.”

On July 25, 2021, Saïed imposed exceptional measures, including the dissolution of the judiciary and parliament, the issuance of laws by presidential decrees, the adoption of a new constitution via referendum, and the holding of early legislative elections.

Some Tunisian political forces view these measures as a “coup against the constitution and the establishment of absolute rule,” while others see them as a “correction of the path of the 2011 revolution,” which ousted President Zine El Abidine Ben Ali.

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