GENEVA - UN experts* today expressed their absolute shock at the conviction of Ayachi Hammami in Tunisia, solely for his work defending those accused in the case known as the "conspiracy against state security."
"Prosecuting legal professionals, and labeling them as terrorists, solely for performing their duties or for exercising their freedom of expression is a direct threat to the integrity and fairness of legal proceedings in Tunisia and jeopardises the right to a fair trial for all," the experts said.
On 3 December, Hammami was taken to prison to serve a five-year sentence, joining other lawyers who have been arbitrarily detained since 2023 in the same case. Hammami was their lawyer until May 2023, when the investigating judge added him to the list of suspects and then charged him in October 2023. Hammami was also banned from travelling and appearing in public places.
Ayachi Hammami is a well-known lawyer and human rights defender, the experts recalled, highlighting as well that he was spokesperson for the committee defending the 57 magistrates arbitrarily dismissed on 1 June 2022 by presidential decree.
In September, the experts expressed their concerns about lawyers in Tunisia, in particular the conviction of lawyer Ahmed Souab under the terrorism law because he was representing other accused lawyers, including Ayachi Hammami, in the conspiracy case.
In February 2023, the Tunisian authorities opened a judicial investigation against 17 suspects, 12 of whom were arrested. Those arrested included members of opposition political parties, political activists, lawyers and the director of a radio station known for providing a platform for criticism of the President.
The President publicly labelled those arrested as "terrorists" and accused them of conspiring to attack the state and cause social unrest, under Article 72 of the Penal Code, which provides the death penalty for any attempt to 'change the form of government', as well as under more than a dozen articles of the 2015 anti-terrorism law. This case became known as the "conspiracy against state security".
Hammami is being prosecuted separately in another case under Decree-Law No. 2022-54 on combating offences related to information and communication systems, for a statement he made as a lawyer in defence of judges who were arbitrarily dismissed by the President in 2022.
"The proceedings and measures taken against Mr. Hammami directly interfere with the independence of the legal profession, undermining the ability of lawyers to represent their clients," the experts said. "They lack any basis and appear designed to have a chilling effect on critics of the Executive and those defending the independence of the judiciary."
The experts stressed that free exercise of the legal profession contributes to ensuring access to justice, oversight of State power, protection of due process and fair trial rights and the rule of law.
"We call again on Tunisia to comply with international standards providing that lawyers should be able to carry out all their professional duties without intimidation, hindrance, harassment or improper interference," the experts said.
"They should not face prosecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics."
The experts have contacted Tunisia regarding their concerns.
