The President of the Tunis Court of First Instance and the Public Prosecutor at the same court sent a correspondence today, February 26, 2025, to the President of the Tunis Regional Lawyers' Section, informing him that the hearings of the 5ᵉ criminal chamber of the court, scheduled for March 2025, including criminal case no. 53856 known as the "case of conspiracy against State security", will be held by videoconference. The first hearing is set for March 4, 2025, and detainees will not be taken to court.
The Committee for the Respect of Freedoms and Human Rights in Tunisia (CRLDHT) condemns the violations of article 141 bis of the Code of Criminal Procedure, in particular:
- The incompetence of the president of the tribunal to take such a decision, which, according to the aforementioned article, falls to the competent chamber dealing with the case. This decision undermines the independence of the judiciary, reducing the president of the tribunal to a mere administrative role with no jurisdictional powers.
- The incompetence of the public prosecutor to take or co-sign the said decision, given that he is only a party to the trial and cannot be both judge and party, in violation of the fundamental principles of fair trial. Under article 141 bis, he can only issue an opinion.
- The adoption of a single decision for several separate cases, which contravenes article 141 bis, which requires a case-by-case assessment based on the specific circumstances of each case and each hearing. However, the joint decision of the president of the court and the public prosecutor covers several cases and all their hearings without distinction.
- Lack of consultation with the parties concerned before the decision is taken.
- The absence of a written, reasoned decision, as required by law.
- The absence of any imminent danger could justify this measure, which rather reflects a political will to set the scene in line with presidential propaganda on the alleged existence of a terrorist project underlying the case, while mitigating media and popular pressure on the authorities.
The CRLDHT reiterates that clear texts on criminal procedure must not be open to abusive interpretation.
It reiterates its solidarity with the detainees and defendants in this trial, as well as with all political prisoners and prisoners of conscience, victims of the systematic violations of fair trial guarantees perpetrated by the authorities following the coup d'état of July 25, 2021. These authorities will have to account for the crimes committed and the damage inflicted on the reputation and history of the Tunisian state on the UN and international stage.
Finally, the CRLDHT calls for the immediate release of political detainees and respect for their right to a fair trial.