Excellencies,
Ahead of the Human Rights Council's (HRC) 63rd session (7 September-9 October 2026), we, the undersigned non-governmental organizations (NGOs), write to underscore our collective alarm at the intensifying rule of law, judicial independence and human rights crises in Tunisia, and to call on your delegation to express serious concern at the situation in the country by way of individual and/or joint statements at the upcoming HRC session. A delegation of the undersigned NGOs will be attending this session to bring into focus the seriousness of the deteriorating situation.
Judicial Independence
From 2011, Tunisia underwent a process of democratic transition, including the adoption of the 2014 Constitution, which guaranteed the separation of powers and the independence of the judiciary. However, from 25 July 2021, President Kaïs Saïed reversed much of this progress by taking steps under the state of exception to concentrate power in his hands, including dismissing the government, dissolving the legislature, and governing by decree-laws. To cement his control, President Saïed issued Decree-Law 2022-11, dissolving the independent High Judicial Council (HJC) and replacing it with a provisional body, the Temporary High Judicial Council (THJC). Under the Decree, the President retains direct control over the appointment of members of the THJC and the management of the career of judges and prosecutors. Moreover, since 2023, the THJC has not been operational due to a lack of quorum resulting from the President's failure to appoint several senior judges who are ex-officio members of the THJC. As a result of this vacuum, the Ministry of Justice manages the career and discipline of judges and prosecutors, including judicial appointments, transfers, and suspensions, outside of any legal process.
Furthermore, in June 2022, following the President's adoption of Decree-Law 2022-35 granting himself the power to summarily dismiss judges and prosecutors, he arbitrarily dismissed 57 judges and prosecutors. The Ministry of Justice has since ignored an Administrative Court ruling provisionally ordering the reinstatement of 49 of those dismissed and, instead, instructed the initiation of 109 criminal cases against them, including on "terrorism"-related charges. Several dismissed judges have since been convicted and sentenced to imprisonment, including Bechir Akremi and, more recently, Hammadi Rahmani, Mourad Messaoudi, and Hichem Ben Khaled. Additionally, on 6 April 2026, Judge Anas Hmedi, President of the Association of Tunisian Magistrates, was sentenced to one year's imprisonment following his conviction on spurious charges of "obstructing the freedom to work" in connection with his role in the 2022 judicial strike to protest the executive's arbitrary dismissal of judges and prosecutors.
As a direct result of the dismantlement of judicial independence in Tunisia, the criminal justice system has been weaponized to silence all real and perceived dissent. This has resulted in multiple politicized criminal prosecutions on serious "State security" and "terrorism"-related charges, which have been marred by human rights violations, including of the right to a fair trial and the right to liberty. Emblematically, in November 2025, 34 political and public figures were convicted and sentenced on appeal to harsh terms of imprisonment related to unsubstantiated criminal charges including "conspiring against the security of the State". Former Human Rights Minister Ayachi Hammami, who was a defence lawyer in the case was one of those convicted and sentenced.
Civic Space and Freedom of Expression
Civic space and freedom of expression are also under attack. The authorities have relied on Decree-Law 2022-54 (Decree 54) on Cybercrime, which criminalizes "fake news," to harass, prosecute and detain many lawyers, journalists, political figures, trade unionists, human rights activists, and other peaceful dissenting voices, contributing to a chilling effect on freedom of expression. The protracted persecution of lawyer and commentator Sonia Dahmani is emblematic of the use of Decree 54 as a tool of repression. Indeed, since 2024, Ms Dahmani has been charged in five separate cases under the Decree, and has been convicted and sentenced in four of them at the time of writing, having also been detained for a prolonged period in pre-trial detention before being released in November 2025. Most recently, in May 2026, the Tunis Court of First Instance convicted and sentenced Ms Dahmani to two years' imprisonment for having criticized prison conditions in Tunisia. Consequently, she remains at real risk of being re-detained. Additionally, in June and July 2026, journalists Khaoula Boukrim, Zied El Heni and Haythem El Mekki were sentenced to terms of imprisonment under Decree 54 and the Telecommunications Code for statements made in the course of their work.
Since May 2024, the authorities have also arbitrarily arrested, detained and prosecuted several NGO staff whose work centred on the provision of assistance to migrants and refugees, including five NGO employees who were sentenced to various terms of imprisonment for "illegally" harbouring persons entering or leaving Tunisian territory. Relatedly, in March 2026, Saadia Mosbah, the President of the anti-racism organization Mnemty, was convicted and sentenced to eight years' imprisonment on unfounded financial crime charges stemming from her association's work in fighting racism. In June 2026, the conviction and sentence was upheld by the Tunis Court of Appeal.
More generally, since 2024, the Tunisian authorities have instrumentalized arbitrary administrative investigations, court-ordered suspensions, dissolution proceedings, banking restrictions, and asset freezes, to further intimidate and harass civil society actors, including those working on human rights, significantly hindering their capacity to operate in Tunisia. Meanwhile, draft amendments to Decree-Law 2011-88 on Associations are under discussion in Parliament. If adopted as currently formulated, these provisions would introduce undue restrictions on the work of civil society organizations, allowing political interference and arbitrariness, and limiting NGOs' access to foreign funding.
Transitional Justice
Tunisia was the only country in North Africa to establish a national truth commission in the wake of the 2011 uprisings, namely the Truth and Dignity Commission (TDC). On completing its work, the TDC transferred 205 cases of grave human rights violations to specialized criminal chambers, which led to the initiation of prosecutions of former ministers, security officials and businessmen accused of wrongdoing during the Ben Ali regime, and the issuance of at least 237 bench warrants against members of the security forces accused of torture, unlawful killings, and enforced disappearances. However, more than eight years after the first trial began in May 2018, no judgments have been rendered and the executive has continued to refuse to execute warrants. Additionally, in 2022 President Saïed further stymied the TDC's work by issuing a decree-law to grant amnesty for those prosecuted for financial crimes on the condition that the accused repay or invest the disputed amounts in regional development projects. Meanwhile, the 2022 Constitution, promulgated further to a fundamentally flawed constitution-making process, omits the transitional justice guarantees contained in the 2014 Constitution.
Further compounding the challenges faced by the transitional justice process in Tunisia, on 26 June 2026, Sihem Bensedrine, a prominent human rights defender and former president of the TDC, was convicted and sentenced to 25 years' imprisonment and a joint fine of 1.8 billion Tunisian dinars (approximately US$600 million) in connection with her work at the TDC. While Ms Bensedrine remains at liberty pending appeal at the time of writing, she was remanded in pre-trial detention between 1 August 2024 and 19 February 2025, and her prosecution and conviction in retaliation for her human rights work has dealt another serious blow to transitional justice in Tunisia.
Elections
The authorities have significantly undermined the integrity of the electoral process. The presidential election held on 6 October 2024 failed to ensure Tunisians' right to take part in the conduct of public affairs. The electoral commission disqualified most candidates, limiting meaningful competition, while efforts to independently observe the electoral process were restricted or banned, raising concern about the fairness and inclusiveness of the process. While Tunisia's Administrative Court reinstated three of the disqualified candidates, the electoral commission refused to implement this binding decision. Indeed, just nine days before the election, and ostensibly in response to the Administrative Court judgment, the Tunisian Parliament removed the Administrative Court's jurisdiction over the electoral process. Moreover, several prospective candidates have been arbitrarily detained following grossly unfair trials.
Refugees, Asylum-Seekers, and Migrants
The authorities conducted large-scale forced expulsions of people on the move from sub-Saharan Africa, including asylum-seekers and refugees, in violation of the principle of non-refoulement. Anecdotal evidence and reported allegations suggest that members of the Tunisian National Guard may be complicit in acts of sexual violence against people on the move, including rape. Further reports also allege the possible involvement or complicity of Tunisian security forces in the trafficking of persons along the Tunisian-Libyan border.
Since May 2024, Tunisia has prevented UNHCR from registering new asylum applications, leaving hundreds of asylum-seekers and refugees without access to international protection. This is further compounded by Tunisia's failure to establish a legal framework for asylum claims in place of UNHCR, disrupting access to asylum procedures, shelter, healthcare, child protection, and legal services.
In light of the above, and in line with the HRC's mandate to prevent human rights violations and atrocity crimes, we urge your delegation to raise concern about the degradation of the human rights situation in Tunisia. Member and Observer States of the HRC should express profound concern regarding the erosion of the rule of law, the democratic constitutional order and human rights protections in Tunisia, and to echo the calls of the High Commissioner for Human Rights and Special Procedures mandate-holders in this regard. Tunisia's human rights situation requires urgent attention and an adequate level of public monitoring, reporting and debate. At the HRC's 63rd session, the undersigned NGOs call on Member States to:
- Raise concern about the situation in Tunisia including during relevant interactive dialogues and general debates under Items 2 or 4;
- Engage with and support the work of Tunisian civil society, legal professionals, and victims of human rights violations, including by meeting their delegation; and
- Use all diplomatic levers available to urge Tunisia to respect human rights, the independence of judges and lawyers, and the rule of law, and to fully cooperate with UN human rights mechanisms, including the UN Special Rapporteur on the independence of judges and lawyers whose visit was postponed sine die in 2023 by the Tunisian government.
We thank you for your attention to these pressing concerns and welcome the opportunity to meet with your respective representatives to provide your delegation with further information.
Signatories
1. International Commission of Jurists
2. Avocats Sans Frontières
3. No Peace Without Justice
4. EuroMed Rights
5. World Organisation Against Torture
6. Human Rights Watch
