Based on Amnesty Worldwide, within the run-up to the presidential elections on October 6, 2024, Tunisian authorities have intensified their crackdown on freedom of expression and affiliation, elevated their harassment of political opponents and restricted the work of journalists, human rights defenders and NGOs in steps to additional undermine independence the judiciary.
Within the newest escalation, at the very least 97 members of the opposition group Ennahda had been arrested between September 12 and 13. These arrested had been denied entry to their legal professionals for 48 hours and introduced in for questioning by the Anti-Terror Brigade. She is being investigated for conspiracy and different allegations below the Anti-Terrorism Act.
Authorities continued to arbitrarily arrest opposition politicians and human rights defenders, incapacitate presidential candidates, and disrespect administrative courtroom selections reinstating presidential candidates, whereas weaponizing the prison justice system to silence peaceable dissent.
“The Tunisian authorities are finishing up a transparent assault on the pillars of human rights and the rule of regulation within the run-up to the elections, failing to adjust to the nation's worldwide human rights obligations and undermining the basic rules of justice and equity. They have to finish this blatant regression in human rights and guarantee respect for the rights of everybody within the nation earlier than, throughout and after the upcoming elections,” mentioned Agnès Callamard, Secretary Normal of Amnesty Worldwide.
“As a primary step, the Tunisian authorities should instantly and unconditionally launch these detained solely for the peaceable train of their human rights, together with Ennahda occasion members and detained human rights defenders. They have to permit media and civil society organizations to freely pursue their respectable actions with out concern of reprisals and finish all interference within the judiciary.”
Undermining the judiciary and the rule of regulation
The Impartial Excessive Electoral Authority (ISIE), which has been answerable for organizing elections since 2011 however whose members have been straight nominated by President Kais Saied since 2022, authorized solely three candidates for the presidential election, together with the incumbent Kais Saied. A number of of the ineligible candidates appealed the choice to the executive courtroom, which has unique jurisdiction over disputes associated to election candidacy. Three of them, all opposition candidates, Imed Daimi, Mondher Znaidi and Abdellatif Al Mekki, gained their enchantment and the courtroom determined to reinstate them as candidates. Nonetheless, on September 1, the ISIE rejected the binding courtroom ruling and refused to implement it.
ISIE's choice to ignore the courtroom ruling was broadly criticized by civil society organizations, political events and the authorized group as undermining the independence of the judiciary and the rule of regulation.
Harassment of political opponents
On September 1, Tunisian authorities arrested Ayachi Zammel, one of many ISIE's unique authorized candidates, and charged him with “making donations to affect voters” below Article 161 of the electoral regulation after allegations that he had paid to assist his candidacy . On September 5, the courtroom ordered his non permanent launch, however he was arrested once more when he tried to depart jail later that day. He was taken to Jendouba, a area in northwestern Tunisia, the place he was investigated and a brand new arrest warrant was issued in opposition to him on related allegations. Since then, additional complaints have been lodged in opposition to him and he’s now being held on 5 detention orders, all regarding the identical allegations.
Different politicians who submitted their candidacies for the presidential election and weren’t authorized by the ISIE proceed to be harassed by the judiciary and in some circumstances prosecuted, resulting in their conviction. On August 5, a primary occasion courtroom in Tunis sentenced 5 potential presidential candidates to eight months in jail and a lifetime ban from operating for workplace for “donating to affect voters.” On September eight, the Tunis Court docket of Attraction upheld the conviction and sentence for 2 of them, Abdellatif El Mekki and Nizar Chaari.
The ISIE has tried to limit impartial media protection of the elections. Based on the Journalists Union, for the reason that finish of July, 4 personal radio stations have obtained written warnings from the ISIE relating to experiences and feedback broadcast on their stations associated to the electoral course of. Most not too long ago, Categorical FM obtained an alert on September 6 about feedback made by a visitor on a program concerning the elections.
Radio Mosaïque FM obtained two alerts from ISIE. On July 31, 2024, ISIE despatched out an alert, reviewed by Amnesty Worldwide, claiming that journalists Kaouther Zantour and Assya Atrous's feedback on the “Midi Present” on July 24 “insulted and mocked” ISIE and the electors procedures offered. Based on the broadcaster, an preliminary warning on the identical subject was despatched to them on July 26th.
On August 20, 2024, impartial journalist Khaoula Boukrim, founding father of on-line media website Tumedia, shared an e-mail she obtained from the ISIE accreditation physique. It knowledgeable her that her accreditation had been revoked, setting a brand new precedent. ISIE's pretext for withdrawing Boukrim's accreditation was that it had “breached its responsibility to make sure goal, balanced and impartial media protection of the electoral course of” and that it had didn’t respect the Code of Ethics on this regard.
“It’s not ISIE's job to watch the work of the media. “Accreditations granted to journalists and observers are meant to facilitate entry to the completely different phases of the elections and to not exert management over the reporting of the elections and prohibit media freedom,” mentioned Agnès Callamard.
The ISIE additionally filed a number of prison complaints in opposition to members of the political opposition and critics, which resulted in convictions and sentences below Legislative Decree 54 for “disseminating false info.” This contains the chief of the opposition occasion Abir Moussi, who was sentenced to 2 years in jail in a single case and has expenses in opposition to him by the ISIE in two different circumstances.
In one other growth, Jeune Afrique journal mentioned on September four that Tunisian authorities had banned the distribution of its September difficulty in Tunisia, presumably attributable to an article entitled “The Hyper President” that criticized President Kais Saied .
Limiting the work of monitoring teams
The ISIE rejected accreditation requests from the anti-corruption NGO IWatch and the monitoring NGO Mourakiboun, two Tunisian organizations which were monitoring elections since 2014.
Based on ISIE, “authorities” advised them that the 2 NGOs had obtained “suspicious overseas funds,” later including that they’d obtained funds from “states with which Tunisia didn’t have diplomatic relations.” The ISIE referred these NGOs to the general public prosecutor's workplace for investigation.
Based on worldwide human rights requirements, associations will need to have the liberty to use for and obtain funds from varied nationwide and worldwide sources with out undue restrictions.
“It’s a travesty to witness the erosion of state establishments which were constructed since 2011. The Impartial Excessive Authority for Elections and all state establishments should uphold and respect the rule of regulation and never turn into devices to restrict the work of impartial civil society organizations,” mentioned Agnès Callamard.
background
Since 2022, authorities have been finishing up successive waves of arrests in opposition to political opponents and perceived critics of President Saied. Over 70 folks together withpolitical opponents,Legal professionals,Journalistshuman rights defenders and activists have been subjected to arbitrary detention and/or prison prosecution for the reason that finish of 2022. Ten others stay in arbitrary detention in reference to the train of their internationally assured rights, corresponding to freedom of expression, peaceable meeting and affiliation.