Tunisia: Mass convictions in ‘Conspiracy Case 2' deepen rule of law crisis

Zawya

28-07-2025

The mass conviction of opposition figures in Tunisia's 'Conspiracy Case 2' is a new example of the Tunisian authorities' ongoing restrictions on civic space and erosion of judicial independence and fair trial guarantees, Amnesty International said today.
The case, based on vague terrorism and state security charges, is the latest in a series of politically motivated prosecutions that appear designed to silence peaceful dissent and intimidate and crackdown on critics of President Kais Saied's government.
'This case illustrates how Tunisia's criminal justice system is being misused to suppress peaceful dissent and persecute people simply for exercising their human rights. The expanding use of counter-terrorism legislation to punish peaceful dissent is a deeply troubling pattern that Amnesty International has been documenting since 2023,' said Sara Hashash, Amnesty International's Deputy Regional Director for the Middle East and North Africa.
'The convictions in 'Conspiracy Case 2' are a grave injustice and a blatant assault on Tunisia's human rights obligations. All individuals detained solely for peacefully exercising their rights to freedom of expression, association, and political activity must be immediately released.
'Authorities must immediately end the ongoing crackdown on human rights including the targeting of critics under the guise of national security and restore judicial independence and the rule of law and put in place effective safeguards to prevent the abuse of counter-terrorism and national security laws as tools of repression.'
Amnesty International calls on the Tunisian authorities to quash all sentences issued in 'Conspiracy Case 2' and immediately release those arbitrarily detained. Authorities must ensure that any new trials are held in full compliance with international human rights law. This includes ensuring that future trials are open to the public, with full access granted to family members, lawyers, journalists, and independent monitors. Tunisia is a state party to the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights (ICCPR) and is legally bound to uphold the rights to a fair trial, freedom of expression, association and liberty.
The trial took place amid an ongoing rule of law crisis in Tunisia. Since President Saied's power grab in July 2021, the country has witnessed an erosion of the rule of law, including through the dismantlement of judicial independence guarantees that have resulted in increased interference by the executive in the judiciary and a wave of prosecutions targeting opposition figures, journalists, civil society activists, and former officials, further constricting the space for fundamental human rights and freedoms.
Mass sentences following a politically motivated trial
The trial opened on 24 June 2025 and concluded with mass conviction on 8 July of 21 out of 24 individuals including senior political leaders from Ennahdha Party, former government and security officials, lawyers, and other opposition party members. Sentences ranged from 12 to 35 years imposed on 21 individuals. Only one defendant was acquitted while two others are still waiting on the decision to appeal their indictment.
Among those convicted was Rached Ghannouchi, the leader of the Ennahda party, who received a 14-year sentence in absentia after refusing to participate in the trial. Other Ennahdha senior members, including Habib Ellouz, Samir Hanachi and Fathi Elbedoui, were sentenced to 12 years, while exiled Ennahdha members Mouadh Kheriji, Lotfi Zitoun, were among those sentenced in absentia to 35 years.
Flawed evidence and due process violations
The investigation originated in May 2023, following a report from an anonymous informant who claimed the existence of a covert network led by Ghannouchi aimed at 'changing the structure of the state,' with the assistance of former Ministry of Interior official Kamel Ben El Bedoui. The informant also alleged the recruitment of security personnel and coordination with other defendants. These allegations were later supplemented by additional statements from security officials, one of whom was also anonymous.
The charges were based on allegations of 'conspiracy against state security,' largely relying on anonymous witness testimony, intercepted communications, and documents seized during police raids. Much of the material consisted of political criticism and private communications critical of President Saied dating back to between 2011 and 2022, but with no concrete evidence of criminal conduct. The authorities' central claim that certain opposition politicians operated a clandestine 'security apparatus' remains unsubstantiated by any independently verifiable evidence. The prosecution relied heavily on anonymous allegations amplified by state-aligned media and security unions, yet failed to present material documentation, institutional investigation, or independent verification to back this claim. No formal inquiry into alleged wrongdoing has been presented, including during the cross examinations of the defendants.
Trial marred by serious due process violations
The trial was marred by serious violations of due process and fair trial rights.
In late February, the Tunis Court of First Instance decided that upcoming terrorism trials would proceed with detainees attending online from prison, citing the existence of unspecified 'real dangers.' The court proceeded to later renew the decision, without further elaboration.
Hence, the defendants held in pre-trial detention were forced to participate via remote video link, severely limiting their ability to communicate with legal counsel or engage with the court, according to their lawyers.
Similar to other high-profile cases, access to the courtrooms was tightly restricted under security pretexts, with independent journalists, families, and independent observers barred from attending the proceedings, severely undermining the transparency of the trial.
'These trials lack fairness, credibility and transparency. The heavy reliance on anonymous sources and secretive procedures makes the trials a sham and the convictions and sentences a travesty of justice,' said Sara Hashash.
'The Tunisian authorities must end their misuse of the judiciary to target political opponents, respect the rule of law and uphold the human rights of everyone in the country.'
Broader crackdown on peaceful dissent
The trial took place amid an ongoing rule of law crisis in Tunisia. Since President Saied's power grab in July 2021, the country has witnessed an erosion of the rule of law, including through the dismantlement of judicial independence guarantees that have resulted in increased interference by the executive in the judiciary and a wave of prosecutions targeting opposition figures, journalists, civil society activists, and former officials, further constricting the space for fundamental human rights and freedoms.
Background
Since July 2021, when President Kais Saied consolidated power, Amnesty International has consistently documented an escalating crackdown on dissent in Tunisia. The organization has previously documented how authorities have abused the justice system, including their reliance on vague charges, and severe fair trial violations in cases against opposition figures.
This includes a series of politically motivated prosecutions, arbitrary detentions, and harassment targeting political opponents, independent journalists, lawyers, activists and human rights defenders.
Distributed by APO Group on behalf of Amnesty International.