Defendants Could Face the Death Penalty if Convicted
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A long-awaited trial for so-called conspiracy against the state began in Tunis on Tuesday. It should not be taking place. Forty people, including political opponents, activists, lawyers, and other public figures, are accused of “conspiracy against internal and external State security” and terrorism for plotting to overthrow the government of Tunisian President Kais Saied.
Human Rights Watch observed the trial and reviewed the investigating judge’s 140-page closing order—allowing the case to be referred to trial—which shows these serious charges to appear unfounded and based on no credible evidence. Yet some of the defendants have been in abusive pretrial detention for two years now, beyond the maximum permitted under Tunisian law. If convicted, they face severe punishments, including the death penalty.
Tunisian authorities have taken an additional step to trample the right to a fair trial in this case. On February 26, 2025, the president and prosecutor of Tunis Court of First Instance ordered the detained defendants to appear by videoconference, claiming a “real danger.” The practice of trial by video is inherently abusive as it undermines detainees’ right to be brought physically before a judge to assess their well-being and the legality and conditions of their detention. Defendants appearing by video “are also deprived of the support of their families,” one lawyer noted during the hearing.
The long-awaited trial began without the presence of the main defendants in the alleged plot. Most of them refused to attend the trial by video. Detained political opponents of President Saied in this case Jaouhar Ben Mbarek, Issam Chebbi, Abdelhamid Jelassi, and Khayam Turki, as well as lawyers Ridha Belhaj, Ghazi Chaouachi, were not present. Nor were Ennahda opposition party leaders Nourredine Bhiri and Sahbi Atig, who were imprisoned in connection with other cases.
Only two defendants appeared in court by videoconference, including ex-member of parliament Said Ferjani. Those not detained, such as lawyers Ayachi Hammami, Ahmed Nejib Chebbi, and Lazhar Akremi, as well as political activist Chaima Issa, appeared in person. Others, forced into exile due to the proceedings, are at large.
Despite the serious due process concerns in this trial, the judges yesterday denied all release requests.
Tunisian authorities should end the use of abusive charges against perceived critics and guarantee a fair trial to all defendants, including the ability to appear in person. But above all, they should put an end to this sham by immediately releasing all those arbitrarily detained in this case and dropping abusive charges against all defendants.
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출처: Human Rights Watch