Reverse Unfair ‘Conspiracy’ Trial Verdicts

The Ongoing Crisis of Justice in Tunisia

On November 17, 2025, a Tunisian court is set to hear the appeal of 37 individuals who were unjustly sentenced in what Human Rights Watch has described as a politically motivated “Conspiracy Case.” This case, which began in April 2025, involved charges of plotting to destabilize the country under Tunisia’s Penal Code and the 2015 Counterterrorism Law. According to Human Rights Watch, these charges are unfounded and lack credible evidence.

The defendants, including opponents of President Kais Saied, activists, lawyers, and researchers, were given prison terms ranging from 4 to 66 years for “conspiracy against state security” and terrorism offenses. However, they were only given three hearings without proper due process protections. Three more defendants remain in proceedings before the Court of Cassation.

The Unfair Trial Process

The trial was conducted without the presence of the main defendants, depriving them of a real opportunity to present their defense. The Tunis Court of First Instance and the public prosecutor claimed there was “a real danger,” leading to some defendants being tried by videoconference. Most of the detained defendants refused to attend by video.

The appeal process is also set to be conducted via videoconference, which Human Rights Watch argues violates the right of detainees to be physically present before a judge who can assess the legality and conditions of their detention as well as their health. International human rights law, such as the International Covenant on Civil and Political Rights, states that everyone has the right to be present at their trial.

Conditions in Detention

Twelve defendants are currently in detention, while others remain at liberty in Tunisia or have been sentenced in absentia. Many of those convicted were initially arrested in February 2023 and held in abusive pretrial detention for more than two years, exceeding the maximum 14 months allowed under Tunisian law. A majority were taken before an investigative judge only once during that time.

Jaouhar Ben Mbarek, a political activist sentenced to 18 years in prison, began a hunger strike on October 29 to protest his arbitrary detention. His lawyer and sister, Dalila Msaddek, reported that he has not received adequate medical care in detention. On November 11, Msaddek alleged that her brother was violently beaten by six other inmates and five prison guards in Belli prison. He has bruises on his body and a broken rib, according to her claims.

Politician Issam Chebbi and lawyer Ridha Belhaj, who were handed the same sentence as Ben Mbarek, began a hunger strike on November 7 and 8, respectively. Political activist Abdelhamid Jelassi, who was sentenced to 13 years in prison, also started a hunger strike on November 10.

Attacks on Defense Lawyers

The government has retaliated against defense lawyers in the case, further undermining defendants’ due process rights. On April 21, Ahmed Souad, a defense lawyer for some defendants, was arrested and charged with terrorism and “spreading false information” under the counterterrorism and cybercrime laws for questioning the independence of the judiciary following the trial. His trial was held without him, lasting just minutes, and the judge deliberated without hearing his lawyers’ pleadings. On October 31, he was sentenced to five years in prison and three years of administrative supervision.

Msaddek is set to appear before a Tunis court on November 25 for having spoken in a radio interview in 2023 in defense of her clients. She is accused of spreading “false information” and processing personal data under the cybercrime and protection of personal data laws.

In May 2023, Ayachi Hammami, previously a defense lawyer in the case, was added as a defendant and sentenced in April to eight years in prison.

Escalating Repression

Following President Saied’s takeover of Tunisia’s state institutions on July 25, 2021, the authorities have dramatically intensified their repression of dissent. Since early 2023, they have stepped up arbitrary arrests and detention of people across the political spectrum perceived as critical of the government. The authorities’ repeated attacks on the judiciary, including Saied’s dismantling of the High Judicial Council, have severely undermined its independence and jeopardized Tunisians’ right to a fair trial.

Tunisia is a state party to the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, which guarantee the right to freedom of expression and assembly, to a fair trial, and to not be subject to arbitrary arrest or detention.

Calls for International Action

“Tunisia’s international partners should speak up against this flagrant injustice and assault on the rule of law,” said Bassam Khawaja, deputy Middle East and North Africa director at Human Rights Watch. “They should urge Tunisian authorities to cease their crackdown, overturn these convictions, and guarantee fair trials.”