The International Commission of Jurists (ICJ) strongly condemns the Tunis Court of Appeal’s decision to uphold the arbitrary conviction of 34 political opponents and public figures in the politically-motivated “Conspiracy Case“. In its ruling on 28 November 2025, the Court increased the prison sentences of opposition figures Issam Chebbi, Jaouher Ben Mbarek, Ghazi Chaouachi, Ridha Belhadj and Chaima Issa from 18 to 20 years, and either confirmed or ordered minor reductions in the sentences imposed on 29 other appellants.
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“The Court of Appeal’s decision is a travesty of justice, not in the least because of the renewed violation of the appellants’ right to a fair trial and the complete absence of evidence justifying the guilty verdicts against them,” said Saïd Benarbia, ICJ Middle East and North Africa Programme Director. “Yet another judicial decision serving as a stark reminder of the catastrophic erosion of the rule of law and judicial independence in Tunisia.”
On 18 April 2025, following a mass trial marred by a litany of fair trial rights violations, the Tunis Criminal Court of First Instance had convicted 37 political opponents and public figures in the “Conspiracy Case” of spurious “State security” charges and sentenced them to various terms of imprisonment.
Among those who had their convictions upheld on 28 November 2025 were lawyer and former Minister Ayachi Hammami, whose sentence was reduced from eight to five years’ imprisonment on appeal, and businessman Kamel Ltaief, who had initially received a 66-year prison sentence, which was reduced to 45 years on appeal, the heaviest handed down in the case. The Tunis Court of Appeal also overturned the convictions of three appellants – lawyer and former minister Lazher Akremi, car broker Hattab Ben Slama, and radio station director Noureddine Boutar – acquitting them on appeal.
On 29 November 2025, the Tunisian authorities apprehended Chaima Issa in order for her to begin serving her 20-year prison term. At the time of her apprehension, Issa had been attending a civil society demonstration against the ongoing crackdown on civil society organizations in Tunisia.
On 2 December 2025, Ayachi Hammami was arrested at his home and taken to prison to begin serving his five-year sentence. Opposition leader Najib Chebbi is also facing imminent imprisonment to serve his sentence, along with four other appellants who were granted bail for the duration of the proceedings and whose convictions and sentences were confirmed on appeal.
Procedural irregularities and denial of fair trial rights
The appeal proceedings in the “Conspiracy Case” have been marred by violations of the appellants’ fair trial rights.
On 27 October 2025, the Tunis Court of Appeal held the first hearing of the appeal. The Court had provided appellants and their lawyers with only 48 hours’ notice of the hearing, thus undermining the defendants’ rights to adequate time and facilities for the preparation of their defence and to communicate with counsel. However, in light of the defence lawyers’ submissions on this point, the hearing was subsequently adjourned.
At the next appeal hearing on 17 November 2025, the Tunis Court of Appeal ordered that all detained appellants were to appear remotely via videoconference, and not in person, in violation of their right to be tried in person. In February this year, under the vague pretext of “imminent danger”, the trial court, the Tunis First Instance Court, had already ordered that the detained defendants would appear by videoconference at their trial and not in person. The Court of Appeal’s order prompted the appellants’ lawyers to request an adjournment of the appeal proceedings, which was granted.
At the final appeal hearing on 27 November 2025, the Tunis Court of Appeal once again ordered the detained appellants to appear via videoconference. Despite the appellants’ lawyers renewing their request for an adjournment to allow all appellants to appear in person, the Court this time refused to adjourn the proceedings. In protest, the detained appellants, and a number of those who had been bailed to appear in person at their appeal refused to submit to the presiding judge’s questioning.
The following day, on 28 November, the Tunis Court of Appeal proceeded to deliver its verdict.
Allegations of ill-treatment of appellant Jaouher Ben Mbarek and attacks on his lawyers
The ICJ also condemns the authorities’ alleged ill-treatment of appellant Jaouher Ben Mbarek, who on one occasion was reportedly subjected to beatings while detained at Belli prison, Nabeul Governate, and who has periodically been denied adequate medical treatment. The ICJ also expresses serious concern at the arbitrary prosecution of Ben Mbarek’s lawyers.
On 29 October 2025, Ben Mbarek began a hunger strike in response to his arbitrary detention and conviction. According to his lawyers, Ben Mbarek subsequently suffered severe weight loss, mobility difficulties and episodes of temporary disorientation and loss of consciousness, in response to which the Tunisian prison authorities allegedly failed to provide adequate medical care.
On 5 November 2025, in light of Ben Mbarek’s worsening condition, his lawyers, Samir Dilou, Dalila Msaddek and Ayachi Hammami, issued public statements highlighting his predicament and the prison authorities’ failure to provide adequate medical care in response.
On 11 November 2025, Ben Mbarek’s lawyers were made aware of allegations that inmates and prison guards had assaulted Ben Mbarek. Despite this, on the same day, the prison authorities refused to permit Mbarek’s lawyers and Tunisian League for Human Rights’ representatives to access Belli prison to verify the claims and his state of health.
On 12 November 2025, the Belli prison doctor ordered Ben Mbarek’s hospitalization at Nabeul Hospital, where medical examinations confirmed that Ben Mbarek had sustained bruises and had “signs of beatings” on his body.
On 13 November 2025, further to a complaint lodged by the General Committee of Prisons, the Public Prosecutor at the Tunis Criminal Court of First Instance notified the Tunis Bar Association that criminal proceedings had been initiated against Samir Dilou, Dalila Msaddek and Ayachi Hammami based on their public statements on 5 November 2025. In particular, the Bar Association was notified that the three lawyers were being investigated in connection with allegations of “spreading fake news”, pursuant to article 24 of Decree Law 54 on Cybercrime.
These latest cases against Dilou, Msaddak and Hammami – who was one of the lawyers in the “Conspiracy Case” before being prosecuted and convicted himself in the same case – are but the most recent cases brought against defence lawyers in the “Conspiracy Case”. Indeed, on 31 October 2025, defence lawyer Ahmed Souab had been convicted and sentenced to five years’ imprisonment, plus an additional three years of “administrative supervision”, following a sham trial on serious “terrorism” charges for comments that he made further to the verdict at first instance in the “Conspiracy Case”.
In light of the above, the ICJ calls on the Tunisian authorities to:
- Quash the convictions of all 34 appellants in the “Conspiracy Case” and unconditionally release all of those detained;
- Ensure a prompt, independent, impartial and effective investigation into the allegations of ill-treatment against Jaouher Ben Mbarek in line with international human rights law and standards;
- Allow the Tunisian League for Human Rights and other independent monitoring bodies access to all prison facilities; and
- Cease the arbitrary prosecutions and convictions of lawyers, including in connection with the “Conspiracy Case”, for the mere fulfilment of their professional obligations and exercise of their right to freedom of expression, and allow all lawyers to fulfill their professional obligations without fear of reprisal.
Contact
Saïd Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3800, e: said.benarbia@icj.org
Nour Al Hajj, Communications & Advocacy Officer, ICJ Middle East and North Africa Programme; e: nour.alhajj@icj.org
