Ahead of the start of the mass trial on 4 March 2025 in Tunisia’s trumped-up “conspiracy case”, the International Commission of Jurists (ICJ) calls on the Tunisian authorities to dismiss all charges against the 40 defendants and immediately release Khayam Turki, Abdelhamid Jelassi, Issam Chebbi, Jaouhar Ben Mbarek, Ghazi Chaouachi and Ridha Belhaj, whose arbitrary pre-trial detention without valid grounds has lasted over two years.
In a briefing published today on the pre-trial proceedings in case 36/6835 (the so-called conspiracy case) against 40 individuals, including lawyers, political opponents, journalists and human rights defenders, the ICJ denounces egregious violations of their fair trial rights. The documented systematic violations of their rights during the pre-trial phase of the criminal proceedings significantly undermine the whole prosecution and the legitimacy, independence and impartiality of the forthcoming trial.
On 26 February 2025, in the latest assault on the fairness of the proceedings, the Tunis First Instance Court ordered that Khayam Turki, Abdelhamid Jelassi, Issam Chebbi, Jaouhar Ben Mbarek, Ghazi Chaouachi and Ridha Belhaj, the six defendants who have continued to be held pending trial, will not be allowed to attend their own trial in person but only remotely, namely, online, under the pretext of “imminent danger”.
This order contravenes the right to attend one’s trial in person, which aims to ensure the ability of the defendants to effectively participate in their defence, including by instructing counsel during trial hearings. By denying the six defendants the right to attend their own trial in person, without imperious public order or national security reasons, the decision further taints the integrity of the judicial process.
“The prolonged, arbitrary pre-trial detention, the lack of credible evidence, and now, the order prohibiting the six defendants from attending their own trial in person leave no doubt as to the unfairness and the politicised nature of the forthcoming trial,” said Saïd Benarbia, ICJ Middle East and North Africa Programme Director. “The Tunisian authorities must release the six detainees and drop the baseless charges against all defendants immediately.”
In light of the concerns outlined above and detailed in the ICJ’s briefing, the organisation addresses a number of recommendations to the Tunisian authorities with a view to ensuring:
- Effective remedies for fair trial rights violations in case 36/6835; and
- Legal and judicial reforms needed to prevent violations of the right to a fair trial in Tunisia.
Download
Denial of Justice: An Analysis of Pre-Trial Proceedings
Contact
Saïd Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3800, e: said.benarbia(a)icj.org
Nour Al Hajj, Communications & Advocacy Officer, ICJ Middle East and North Africa Programme; e: nour.alhajj(a)icj.org