The ICJ condemns the recent prosecution of two lawyers, Dalila Msadek and Islem Hamza, who act as defence counsel in a high-profile case involving political opposition figures. On 29 September 2023, the Public Prosecutor of the Tunis Court of First Instance initiated criminal proceedings against Dalila Msadek and Islem Hamza, who are members of the legal team defending a number of political opponents of the regime of Tunisia’s President, Kais Saied, some of whom have been detained since February 2023 for their alleged involvement in the so-called conspiracy case based on charges related to “terrorism” and “State security”.
The ICJ further condemns the prosecution of Ayachi Hammami, also acting as defence counsel in the “conspiracy case”, who is scheduled to appear before the investigating judge of the “counter-terrorism” specialized judicial unit on 10 October 2023. Ayachi Hammami was informed that he was being prosecuted in the “conspiracy case” on 3 May 2023.
The prosecutions of Dalila Msadek, Islem Hamza and Ayachi Hammami are emblematic illustrations of a pattern of judicial harassment of lawyers representing individuals involved in political cases in Tunisia where the lawyers themselves are targeted solely because of their legitimate professional activities, ultimately underming their ability to defend their clients’ human rights, free from intimidation, hindrance, harassment or improper interference.
“This growing pattern of judicial harassment of lawyers solely for their legitimate discharge of their professional duties violates their human rights, including to liberty and security of person, fair trial, work and freedom of expression, as well as their clients’ right to a fair trial, including the right to defend themselves and to legal representation and assistance,” said Said Benarbia, ICJ MENA Director.
Dalila Msadek and Islem Hamza face charges of “spreading fake news with the aim of threatening public security through audio-visual media”, pursuant to article 24 of Decree-law 2022-54 of 13 September 2022, and of “processing of personal data relating to criminal offences, their investigation, criminal proceedings, penalties, preventive measures or criminal records”, pursuant to articles 13 and 87 of Organic Law No. 2004-63 on the protection of personal data.
