Being a legalist is punishable by 12 years in prison.
Kaïs Saïed's regime is advancing at a pace that is as frenzied as it is senseless in the absurdity of its judicial persecution of all dissidents. Once again, it is clear that Kaïs Saïed's only strategy for maintaining his grip on the state and its institutions is to create a political desert, a void or a nothingness from which no political alternative would be possible.
The repressive apparatus has once again targeted Ms. Abir Moussi, president of the PDL (Free Destourian Party) and lawyer registered with the Tunis Bar, who is being prosecuted in a criminal case for "an attack aimed at changing the form of government."
As regards the facts, on October 3, 2023, Ms. Abir Moussi, in her capacity as president of the PDL and, above all, as a lawyer, took steps to file an administrative appeal against presidential decrees, which is normal behavior for any law-abiding person seeking to challenge a decree. This procedure is mandatory before bringing a case before the administrative court for abuse of power, as provided for in Article 35 of Law No. 40/1972 on the administrative court.
Faced with an unjustified refusal to provide her with a discharge, she called in a bailiff, who, like her and another lawyer, was denied access to the entrance of the presidential palace's registry office. She then turned on her camera and broadcast live, after which she was arrested, before a flood of criminal cases came down on her.
The investigation, which ordered an arrest warrant against her, as well as the indictment division and the Court of Cassation, are riddled with procedural irregularities and violations of the rights of the defense. As an experienced lawyer, she understood that these were not simply legal proceedings, but political ukases aimed at excluding her from the public arena. Ms. Moussi boycotted the court and asked that no lawyer participate in this travesty of justice, especially since she is already being detained without legal basis.
From the composition of the court to the conduct of the hearing, the criminal division of the Tunis Court of First Instance was anything but a neutral, independent, and competent court. The upholding of the criminal charge and the sentence handed down are proof of this: twelve years in prison. A sentence that defies reason and logic.
Politically, this absurd sentence sounds like a response to the UN institutions that examined Abir Moussi's case, in particular the Working Group on Arbitrary Detention and its opinion No. 61/2024.
The CRLDHT :
- Reaffirms its unwavering support and solidarity with Ms. Abir Moussi, as well as with all political prisoners and prisoners of conscience, and with all persons whose right to a fair trial is violated, and calls for their immediate release.
- Condemns the despicable mission in which the Tunisian justice system has been enlisted by the current regime and calls for the independence of the judiciary.
- Urges all Tunisians to learn from their history and to overcome this freedom-destroying regime, which embodies the counter-revolution of the police state.
