Demand for Public Trial in Tunisian ‘Conspiracy Case’
Political detainees involved in the ‘conspiracy against state security’ case have demanded public trials. This demand has come off the back of the court of first instance declaring on the 26th February that court sessions will be held remotely for the almost 40 detainees in the case. Within these hearings, the accused party will not be able to attend the court hearings.
The detainees were originally detained on vague accusations. According to MEMO, President Kais Saied has accused the 40 detainees, who are mostly political opponents, of a broad “conspiracy against the state.” Saied believes they are to blame for a crisis in the distribution of goods and rising prices.
Among these detainees, at least seven of them have been on pre-trial detention since February 2023, according to the United Nations Human Rights Office. Notable among the detainees is Jawhar Ben Mbarek, a constitutional law professor who has been held for nearly two years. Through his father, political activist Ezzedine Al-Hazqi, Mbarek sent a message: “detainees will not accept anything less than a public trial.”
In a letter read by his father at a press briefing in Tunis, Mbarek stated according to Barrons, “We are certain of our innocence, and if the regime shuts the courtroom doors to the public, it’s because they are ashamed of their fabricated case.” The push for public proceedings represents an effort by the accused to demonstrate their innocence and expose what they describe as unjust detention. The situation has led many observers to accuse President Saied of using judicial power to silence his critics.
Just on Tuesday, the 18th of February, the United Nations in a press brief called for Tunisia to end all “forms of persecution of opponents and activists.” UN High Commissioner for Human Rights Volker Türk calls on the Tunisian authorities to cease all forms of persecution of political opponents, and to respect the rights to freedom of opinion and expression.
The first trials for the group are set to take place on March 4th. It is yet to be seen if the trials will take place in public and whether the detainees will have their right to attend their hearings. The outcome of this case may have significant implications for Tunisia’s democratic institutions and rule of law, which have been under increasing pressure since President Saied’s consolidation of power in 2021.
MEMO, Barrons, United Nations Human Rights
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