Ahead of their appeal before the Court of Appeal on 9 June, the International Commission of Jurists (ICJ) condemns the reported acts of torture and other ill-treatment by the police against human rights activist Mohamed Ali Rtimi, and his subsequent detention, conviction and sentencing to a term of imprisonment, along with two other demonstrators, following their participation in a peaceful protest in Gabés, in the south of the country, on 23 May 2025. Rtimi was convicted of “participating in a gathering likely to disturb the public peace and whose purpose is to commit an offence” and of “violence against a public official or similar”, under articles 79 and 127 of the Tunisian Penal Code. Rtimi and the two other protesters have since been released pending appeal.
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“As part of their ongoing crackdown on civic space and their efforts to criminalize human rights activism, the Tunisian authorities are once again resorting to abusive practices, including even torture and other ill-treatment according to reports, and to violations of fair trial rights,” said Saïd Benarbia, ICJ Middle East and North Africa Programme Director. “The unjust guilty verdicts and the sentences of imprisonment against the three demonstrators must be quashed. In addition, an independent, impartial and effective investigation into the alleged torture of Mohamed Ali Rtimi must be promptly conducted.”
The three demonstrators, Rtimi, a member of the Tunisian Association for Justice and Equality (DAMJ), Moez Rajhi and Anas Chatouna, nineteen- and seventeen-year-old students, respectively, were taking part in a peaceful demonstration organized by the “Stop Pollution” movement and various civil society organizations in the southern governorate of Gabès. The purpose of the demonstration was to demand the dismantling of toxic industrial units in Gabès belonging to the chemical complex managed by the State-owned Tunisian Chemical Group (GCT).
Rtimi was reportedly violently arrested after he intervened to assist another demonstrator who was reportedly being assaulted by the police following the dispersal of the demonstration. A police officer alleges that Rtimi assaulted him, which Rtimi has denied. Rtimi was then escorted to a police vehicle together with Rajhi and Chatouna, whom the police allege were arrested for throwing stones at police officers, before being taken to Bab Bahr National Security Centre in Gabès. Reports indicate that Rtimi was subjected to verbal abuse and acts of torture, including beatings, while on the way to the National Security Centre and upon arrival there. The following physical marks consistent with allegations of torture or other ill-treatment were noted in the investigation report after a doctor had examined Rtimi on the night of his arrest: bruising, contusions around his face, marks on his back, as well as wounds on one of his knees and legs.
Following their arrest, the Prosecution Office ordered that Rtimi, Rajhi and Chatouna be held in police custody for 48 hours, extended once for 24 hours on 25 May. According to information available to the ICJ, Rtimi’s request to have his lawyer present during his initial questioning upon his arrival at the National Security Centre was denied, in violation of article 13bis and ter of the Tunisian Code of Criminal Procedure, which grants the suspect the right to have a lawyer present, including during interrogation in police custody, and in violation of his right to legal counsel guaranteed by the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights by which Tunisia is bound.
The investigation did not take into account either Rtimi’s medical examination, likely corroborating his allegations of torture, or the testimonies of other people present during the incident, according to which the police officers who arrested him had used excessive force.
On 26 May, following questioning by the Public Prosecutor, Rtimi, Rajhi and Chatouna were charged with “participating in a gathering likely to disturb the public peace and whose purpose is to commit an offence” and “violence against a public official or similar” under articles 79 and 127 of the Tunisian Penal Code and were remanded into pre-trial detention. As the lawyers of the accused were on the way to attend their clients’ questioning by the Prosecutor, the Tunisian authorities searched their vehicles, seemingly as a form of intimidation and to delay their arrival.
That same day, three DAMJ activists were arrested during a roadway check after authorities discovered placards in their vehicle used during a peaceful protest they participated in earlier that day, outside the Gabès courthouse, in support of the accused. They were taken to Msakan National Security Centre where they were interrogated by intelligence officers for three hours and were released only after their lawyers arrived. While the activists were not notified of the reason for their arrest, a preliminary intelligence report allegedly revealed it was in relation to the placards.
Their trial took place on 28 May before the Criminal Chamber of the Court of First Instance in Gabès. Rtimi was convicted of all charges and sentenced to four months’ imprisonment, while Rajhi and Chatouna were sentenced to two months’ imprisonment upon conviction on charges of “being part of a gathering that disturbed public peace with the intention of committing a crime.” On 4 June, the Court of Appeal granted their lawyers’ application for their provisional release pending their appeal.
For the police’s use of force to be lawful, it must be necessary and proportionate. In the present case, there are serious allegations casting doubt over the police’s version of events. As a result, under Tunisia’s international human rights law obligations, a prompt, independent, impartial and thorough investigation into the allegations of torture must be carried out with a view to holding those responsible to account.
The ICJ calls on the Tunisian authorities to quash the unfair verdicts and sentences against the three protesters and promptly conduct an independent, impartial and thorough investigation into the allegations of torture, in line with the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Istanbul Protocol, with a view to holding those responsible to account. The ICJ further calls on Tunisia to respect, protect and uphold the rights to freedom of expression, opinion and peaceful assembly.
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
