Geneva – Five years following the implementation of exceptional measures in Tunisia, there has been a significant and structural decline in the rule of law and human rights protections. The measures announced by President Kais Saied on 25 July 2021 have evolved from temporary measures into a lasting authoritarian regime. This system is built on centralising control over state institutions and transforming the judiciary into a tool for retribution and political exclusion.
This system has deployed an arsenal of arbitrary laws to suppress the opposition and stifle civic space and freedom of expression through campaigns of arrests and prolonged pretrial detention, alongside the institutionalisation of incitement rhetoric that has led to grave and systematic violations affecting citizens, migrants, and asylum seekers alike. This clearly contradicts Tunisia's international legal obligations and transforms state institutions from protectors into tools that suppress basic rights and undermine the progress of the democratic transition.
In a key move to consolidate one-man rule, the Tunisian authorities aimed to undermine judicial independence and use the judiciary as a political instrument to eliminate opposition. This course started with the dissolution of the legitimate Supreme Judicial Council in February 2022, which was replaced by a provisional council under complete control of the executive authorities. It resulted in the arbitrary dismissal of 57 judges by presidential decree, with the executive authorities continuing to systematically refuse to comply with the Administrative Court's rulings that ordered a stay on most of these dismissals.
In a key move to consolidate one-man rule, the Tunisian authorities aimed to undermine judicial independence and use the judiciary as a political instrument to eliminate opposition
This blatant interference in the course of justice has been accompanied by an unprecedented militarisation of the judiciary, with the referral of dozens of civilians, including politicians, journalists, and lawyers, to military courts to be tried for political opinions or stances, in flagrant violation of individuals' right to a fair trial before a competent and independent civilian court and in explicit contradiction with Tunisia's obligations under Article 14 of the International Covenant on Civil and Political Rights.
The domination of the judiciary has been accompanied by the creation of an arsenal of arbitrary legislation, foremost among it Decree 54 of 2022, which has become the most prominent and most enduring instrument for stifling free speech in the country. Article 24 of the Decree appears to be drafted in broadly worded and undisciplined terms to intimidate opponents under the pretext of "combating false news."
Euro-Med Human Rights Monitor observed repeated and systematic reports of dozens of journalists, lawyers, and bloggers being investigated and harshly sentenced simply for publishing posts or making critical media statements. This pattern has led to widespread self-censorship, weakened public discourse, and transformed government criticism into a criminal offence that warrants security and judicial action. As a result, the core of the right to freedom of expression has been undermined, fostering a culture of impunity within the executive apparatus.
The deployment of this legal and judicial arsenal has led to a dangerous escalation in arbitrary arrests and the criminalisation of freedom of opinion and political work. Tunisia's prison population has risen to more than 33,000 in 2025, compared with about 23,000 in 2022, with overcrowding rates exceeding 200 per cent in some detention centres, according to the Tunisian League of Human Rights (LTDH).
This record rise reflects a government policy of systematically exaggerating the use of prolonged pretrial detention and exceeding legal custody limits, aiming to establish it as a hidden form of punishment imposed beforehand and outside the scope of justice.
The targeting of the opposition culminated in late 2025 with unfair mass trials that lacked the most basic guarantees of a fair trial, in which severe prison sentences ranging from 5 to 45 years were handed down to several activists and politicians in the case known as "Conspiracy Against State Security". This case was followed by the immediate arrest of prominent leaders, who were then sentenced to lengthy terms. These sentences were based on vague charges and lacked any tangible material evidence, relying exclusively on the criminalisation of peaceful political meetings and activities, in a manner that explicitly breaches the procedural guarantees protecting individuals from arbitrary detention set out in the relevant international instruments.
Over the past five years, the targeted suppression of media has significantly increased, facilitated by security and judicial enforcement of Decree 54 of 2022 and other arbitrary legislation. Numerous reports from the National Syndicate of Tunisian Journalists have recorded over 1,000 attacks on journalists and media outlets since the implementation of these exceptional measures. These include criminal prosecutions of multiple journalists and the imprisonment of several, often for publishing content that criticises the authorities.
