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Leyla Jafel proves Me Ahmed Soueb's point

The eminent lawyer Ahmed Soueb was arrested on April 21, 2025 after a Hollywood-style search of his home, for remarks he made on Friday April 18, 2025 to the press after the hearing of the famous "trial against State security". He was still wearing his lawyer's robes when he denounced the systematic and repeated violations of the right to a fair trial, the Code of Criminal Procedure and the Anti-Terrorism Act. He explained, among other things, that the president of the criminal chamber, who was about to deliberate, was under greater threat than the defendants, using the metaphor of knives: these would be more likely to be at the magistrate's throat than at those of the defendants, as the latter "drags around a lot of files".

For these words, Me Ahmed Soueb was brought before an examining magistrate of the anti-terrorist section of the Tunis court of first instance for "forming a terrorist syndicate". A detention order was issued for him at Mornaguia prison. This decision was confirmed by the indictment division of the competent court of appeal.

Of course, this is not the first time that the public prosecutor's office in post-July 25, 2021 Tunisia has adopted a lunar and absurd conception of terrorism. This is the trend for any dissenter who dares to criticize or condemn the human rights violations perpetrated by Kaïs Saïed and his executioners in uniform or magistrate's robes, under the iniquitous stewardship - or rather interference - of Justice Minister Leyla Jafel.

Unfortunately, according to the modus operandi of the authorities in place, it is to be feared that Mr. Soueb, despite the obvious absence of any terrorist offence, will not be released any time soon, despite the mobilization of the street and civil society in his favor. He may even face other equally absurd prosecutions, as was the case for Me Sonia Dahmani, Me Abir Moussi, Me Noureddine Bhiri, the journalists Mohamed Boughlaeb, Mourad Zghidi and Borhen Bsaïes, and many others: prosecutions that hide one behind the other, sometimes even for the same facts. This is the case of Me Sonia Dahmani, prosecuted for the same statements made on a television program in one case, and on a radio program in another separate case.

But an administrative act from the Minister of Justice backs up Me Soueb's words. In fact, the Minister with the sulphurous reputation has just promulgated a memo by which the president of the criminal chamber that ruled on the "conspiracy" case - a certain Lassad Chamakhi - has been transferred to the Siliana Court of Appeal.

First of all, in order not to normalize the serious attacks on the independence of the judiciary, it must be remembered that these memos, commonly used by the Minister of Justice, are unconstitutional and contrary even to Presidential Decree-Law 11/2022 establishing the Provisional Superior Council of the Judiciary, which already carries with it attacks on judicial independence. These notes therefore constitute an aggravated stage of this violation. This blatantly illegal technique is now a daily occurrence for magistrates, as the Association of Tunisian Magistrates, itself a victim of restrictions and impediments to its activities, constantly reminds us.

The rule is simple: to remain in office, or even hope for promotion, magistrates must obey instructions to the letter. If they fail to do so, they can be transferred or dismissed at any time - in the truest sense of professional humiliation- to the courts of the interior, without even retaining their position. Being transferred to the inland courts is a punishment, whereas postings in the capital are reserved for the regime's loyalists. However, this does not rule out the possibility that any transfer may correspond to a mission.

Of course, the mission we're talking about must be so harsh and repugnant that even docile magistrates balk, and may waver to the other side or thwart instructions - even partially. Behind the scenes, the story goes that the former president of the criminal chamber in question refused, along with the members, to hold the hearing remotely for the detainees, and that a document was signed to this effect.

This reluctance, or mutiny, prompted the Minister of Justice to look for someone who would take on this dirty mission and have an interest in doing so. It's the old rule that applies: you need a magistrate with a record of corruption or breaches of the law, who could face disciplinary or even criminal punishment if he disobeys. It is this "sword of Damocles" that Me Soueb referred to in his remarks, and which led to his detention and criminal prosecution for terrorist offences.

Magistrate Lassad Chamakhi, who has already proved his worth for this kind of mission since the Ben Ali era, and who is the subject of several complaints and lawsuits - including a recusal request lodged against him, ignored by the chamber in the deliberation of the conspiracy case - was assigned by the Minister for this mission: to massacre the accused and deprive them of the most elementary of their rights to a fair trial. In fact, he "excelled", since he proceeded to deliberation without even respecting the minimum standards for the conduct of the hearing and trial. Even the defendants present, who asked to be heard, were not, and no closing arguments were made.

Presumably, the mission is accomplished and the judgment is signed. The magistrate for hire can leave, safe in the knowledge that he will not be troubled, either for his record, or for what he dared to do during the trial - or rather non-trial - of the so-called "plot against State security" case. Even if Kaïs Saïed's "Kleenex officials" theory and his regime's corridor struggles may one day send this magistrate himself to prison, like all those who render services - but not justice.

In the meantime, the Minister of "Justice" has proved the truth of Me Soueb's words, even if his innocence of the crimes imputed to him is so obvious that it doesn't even depend on Leyla Jafel's confession.

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