On January 30, 2025, Abir Moussi, opposition figure in Tunisia and president of the Parti Destourien Libre (PDL), issued a statement announcing her withdrawal from all legal proceedings concerning her. In it, she denounced a judiciary subservient to the executive and claimed that she was the victim of a campaign of political persecution.
A rejection of current legal procedures
Abir Moussi declares that she no longer recognizes the legitimacy of the trials to which she is subjected, arguing that the Tunisian judiciary operates outside the constitutional framework. She cites a number of reasons for this: the absence of a constitutional court to monitor the texts in force, the nullity of decrees issued during the period of exception and the submission of judges to the executive power. In her view, this situation violates the fundamental principles of the right to a fair trial enshrined in international conventions.
Contested decrees and laws
In particular, she questions Decree-Law no. 54 of 2022 on crimes related to information and communication technologies. According to Moussi, this text, which she describes as unconstitutional, serves as a basis for unjust and arbitrary accusations, contrary to the fundamental rights to freedom of expression and assembly.
Consequences of withdrawing from the proceedings
Abir Moussi warns that she will not recognize any judicial decision taken against her, present or future. She announces her intention to legally challenge any measures that infringe her civil and political rights, while preparing international appeals after exhausting domestic remedies.
In this context, Moussi asks her lawyers to withdraw from all cases concerning her and to refuse any ex officio appointments. She also requests the intervention of national and international human rights organizations to denounce the pressures and violations to which she is subjected, in particular the ban on visits to her daughter and the blocking of her essential activities.
She announces that she will continue to plead her case before international bodies to obtain justice. For her, the current trials are just another attempt by the current government to silence opposition figures.
Abir Moussi faces a number of legal proceedings, some ongoing and others having led to convictions.
- Case relating to the attempted appeal against presidential decrees (October 2023): Main charge: attempt to change the form of government and incitement to violence on Tunisian territory, under article 72 of the Penal Code (offence punishable by death).Arrested on October 3, 2023 while attempting to lodge an appeal against presidential decrees relating to the forthcoming local elections, she is accused of disrupting public order and provoking unrest through her actions and statements. She has since been remanded in custody.
- Case concerning the misuse of personal data: charge: processing of personal data without the consent of the holder, in accordance with articles 27 and 87 of the Data Protection Act. This case arises from allegations that Moussi used private information in connection with his political activities.
- Case for obstruction of work: charge: interference with freedom of work (article 87 of the Data Protection Act). The charges relate to demonstrations organized by Moussi and his supporters in front of public institutions.
- Cases leading to a two-year prison sentence. Public criticism of the electoral process organized under the aegis of President Kaïs Saïed. Sentenced under Decree-Law no. 54 of 2022, in particular article 24 concerning the dissemination of false information likely to harm public order. Abir Moussi publicly denounced the lack of transparency in the elections and called for institutional reforms, which was interpreted as an attempt at destabilization.
Abir Moussi's statement highlights the deterioration of judicial institutions and the deep crisis Tunisia is going through in terms of respect for fundamental freedoms.
