The campaign of arrests targeting prominent political and trade-union figures in Tunisia continues, in a scene marked by tension and unfolding within an acute social and economic context, alongside an intensifying political divide and the rise of rhetoric rooted in vengeance and violence. As a result, the human-rights elite — judges and lawyers alike — find themselves under pressure that may affect the normal procedural course of pending cases, thereby undermining guarantees of fair trials.
This comes in a context in which the President of the Republic emphasizes the necessity of accountability, asserting that no one, regardless of status, may evade appearing before investigation. Meanwhile, the opposition maintains that what is happening is inherently political, aimed at silencing every voice opposing the July 25 process and the measures taken by President Kais Saied.
In light of the dual arguments presented by both sides — whether authority or opposition — what concerns us, based on the above, is to affirm the following points:
– Accountability is necessary for all crimes proven to have been committed against the Tunisian people, in accordance with clearly defined guarantees, foremost among them the independence of the judiciary, which alone has the authority to decide and determine legal consequences, thus ensuring the supremacy of law and justice and the establishment of a state based on the rule of law and institutions.
– Every individual has the right to engage in political and trade-union activity and to freely express their opinion. These principles are the result of long struggles waged by the Tunisian people from independence to the present day, and they have been enshrined constitutionally and legally in the various constitutions of the Republic. The 2022 Constitution, in Article 37, guarantees freedom of opinion, thought, expression, information, and publication, and prohibits any prior censorship of these freedoms.
Likewise, Articles 40 and 41 of the same Constitution guarantee freedom to form political parties, trade unions, and associations, including trade-union rights and the right to strike, while Article 42 guarantees freedom of peaceful assembly and demonstration.
– The fundamental principle is the presumption of innocence: the accused is innocent until proven guilty through a fair trial in which all guarantees are provided. This is stipulated in Article 33 of the 2022 Constitution: “The accused is presumed innocent until proven guilty in a fair trial in which all guarantees of defense are ensured at all stages of prosecution and trial.”
– Arrests may only take place pursuant to judicial warrants, after informing the accused of the charges against them and of their rights, including the right to the presence of a lawyer. Article 35 of the 2022 Constitution likewise states: “No person may be arrested or detained except in cases of flagrante delicto or by judicial decision. The person shall be immediately informed of their rights and of the charge brought against them, and has the right to appoint a lawyer.”
– Discourses of treason and accusations, especially in the absence of the necessary clarifications from the relevant authorities, risk creating collective hysteria and fostering hatred and violence, thereby pushing Tunisia toward dangerous paths.
