Not Plotters, Not Traitors: Opposition Politicians in Tunisia

12-17-2023

İrem Çakmak

Middle East and Human Rights Researcher

Global Human Rights Defence

Chaima Issa, an active opposition politician of Tunisia as a member of the National Salvation Front coalition, received a one-year suspension as a result of proceedings before the Military Court, stemming from accusations of insulting the president and encouraging soldiers to defy orders as she criticised President Kais Saied, alleging his attempts to establish “tyranny” deeming the 2022 parliamentary elections as futile and urging the military to refrain from involvement. [1] The conviction was laid on spreading ‘false rumours’ under Article 24 of Decree Law, “inciting the military to disobey orders” under Article 81 of the Code of Military Justice, and “committing an offensive act against the President” under Article 67 of the Penal Code. [2] Her attorney, Samir Dilou, condemning the penalty, explained that Issa’s statements were within her right to freedom of expression. [3]

Issa had been arrested on February 22 by counterterrorism forces as a part of mass political arrests. [4] Although democratically elected in 2019, President Kais Saied initiated a power consolidation in July 2021 by dismissing the previous parliament and prime minister, granting himself extensive emergency powers, and subsequently orchestrating the adoption of a new constitution to diminish the authority of parliament, implementing measures to suppress political adversaries. [5]  Numerous political activists and opposition leaders faced pre-trial detention. They were confronted with unfounded charges in civilian courts as a means of retribution for their political involvement and dissenting opinions. [6] One such instance is that of Issa, who was detained from February to July 13th and although she has been released, she still faced a travel ban and was prohibited from appearing in public spaces. [7]

President Saied addressed those detained, referred to them as ‘terrorists’ and ‘traitors’ on television, accusing them of engaging in a ‘conspiracy against internal and external state security’ even before formal charges were filed in violation of the presumption of innocence, as well as issuing a warning to ‘Whoever dares to exonerate them is their accomplice.’ [8]

According to international human rights law, military courts should have jurisdiction solely for the trial of military personnel in cases involving violations of military discipline. Article 14(1) of the ICCPR outlines the right to a fair trial. [9] While the Covenant does not expressly prohibit military courts, Article 14 remains central to the Human Rights Committee’s stance on such tribunals, emphasising that the practice of prosecuting civilians in military courts is incompatible with states’ international human rights obligations. [10] 

Furthermore, Tunisia’s failure to meet international standards regarding freedom of speech has been criticised in regard to not only arbitrary arrests but also vague and restrictive amendments to the legislative framework. [11] UN High Commissioner for Human Rights, Volker Türk, expressed profound apprehension on June 23, 2023, regarding the escalating limitations on the freedom of expression and press freedom in Tunisia, highlighting the deployment of ambiguous legislation to criminalise independent journalism and suppress critiques of the authorities. [12] 

Regarding the opposition politicians being treated like criminals, Issa stated that:

‘We are not criminals. We are not plotters. We are not traitors. We are politicians, opponents of the coup of July 25, 2021.’ [13]

Sources and further reading

[1] Al Jazeera ‘Tunisian opposition leader Chaima Issa gets suspended jail term’ (December 13, 2023) <Tunisian opposition leader Chaima Issa gets suspended jail term> accessed on December 17, 2023. 

[2] Amnesty International, ‘Tunisia: Quash military court conviction against prominent activist Chaima Issa’ (December 13, 2023) <Tunisia: Quash military court conviction against prominent activist Chaima Issa> accessed on December 17, 2023. 

[3] AP ‘A military court convicts Tunisian opposition activist Chaima Issa of undermining security’ (December 13, 2023) <A military court convicts Tunisian opposition activist Chaima Issa of undermining security> accessed on December 17, 2023. 

[4] Human Rights Watch ‘Tunisia: Wave of Arrests Targets Critics and Opposition Figures’ (February 23, 2024) <Tunisia: Wave of Arrests Targets Critics and Opposition Figures> accessed on December 17, 2023. 

[5] Al Jazeera ‘Tunisian opposition leader Chaima Issa gets suspended jail term’ (December 13, 2023) <Tunisian opposition leader Chaima Issa gets suspended jail term> accessed on December 17, 2023. 

[6] Amnesty International, ‘Tunisia: Quash military court conviction against prominent activist Chaima Issa’ (December 13, 2023) <Tunisia: Quash military court conviction against prominent activist Chaima Issa> accessed on December 17, 2023. 

[7] Ibid.

[8] Human Rights Watch ‘Tunisia: Wave of Arrests Targets Critics and Opposition Figures’ (February 23, 2024) <Tunisia: Wave of Arrests Targets Critics and Opposition Figures> accessed on December 17, 2023. 

[9] International Covenant on Civil and Political Rights, Arts 14-15 <International Covenant on Civil and Political Rights | OHCHR > accessed December 17, 2023.

[10] International Commission of Jurists ‘Military Jurisdiction and International Law’ pp. 1-2 (2005) <Military Jurisdiction and International Law> accessed on December 17, 2023.

[11] İrem Çakmak, ‘Tunisian Draft Law on Associations Undoing 12-years of Advancements’ (GHRTV, November 19, 2023) <Tunisian Draft Law on Associations Undoing 12-years of Advancements> accessed on December 20, 2023.

[12] United Nations Office of the High Commissioner for Human Rights ‘Tunisia: Crackdown on media freedoms’ (June 23, 2023) <Tunisia: Crackdown on media freedoms> accessed on December 17, 2023.

[13] Al Jazeera ‘Tunisian opposition leader Chaima Issa gets suspended jail term’ (December 13, 2023) <Tunisian opposition leader Chaima Issa gets suspended jail term> accessed on December 17, 2023.