The National Order of Lawyers of Tunisia (Onat) reacted, Saturday January 29, 2025, to the publication of the verdicts of the Tunis Court of Appeal in the so-called “plot against state security” case. In a particularly severe press release, the Order denounces penalties “ cruel and unacceptable » reaching several decades in prison, and affirms that the conditions for a fair trial were “annihilated » by the imposed procedure.
A procedure imposed despite opposition from the defense
The press release specifies that the President of the Bar and the members of the Council of the Order have increased the requests in order to guarantee the basic rights of the defense: refusal of remote trials deemed illegal, requirement to allow the presence of the accused at the hearing, request for full access to the file and investigation documents, as well as the possibility for lawyers to consult the written responses of detainees to their summons.
The Order emphasizes that the documents provided by the prisons – standardized forms, prepared in several establishments – concealed the true positions of the prisoners and were used to justify their forced absence, as well as the holding of a remote trial to which they opposed.
Despite all this, writes the Onat, the appeals chamber “ insisted on rendering its judgment without postponing the hearing and without examining these requests “, which, according to him, excludes any possibility of fairness in the treatment of the accused.
“The minimum conditions for a fair trial were not met”
The Order affirms that the entire course of the appeal procedure lacked the most basic guarantees: no interrogations, no confrontations, no pleadings on the merits, and above all, impossibility for the accused to be physically present before the criminal chamber.
He mentions a violation “ blatant » of the Constitution and the law, and holds the authorities responsible, accusing the executive power of directly managing the judicial institution after having blocked the composition of the Provisional Superior Council of the Judiciary.
Full support for the condemned and call for their release
ONAT reaffirms its solidarity “ absolute » with the lawyers detained and convicted in this case, as well as with the other defendants prosecuted for the expression of political opinions. The Council of the Order calls on the authorities to immediately put an end to these procedures and to release the people concerned, recalling that this approach “ does not resolve any problem or close any case ».
“Justice is not an instrument of political liquidation”
The press release recalls that the mission of the judicial system is to apply the law on the basis of equality and justice, and not to serve as a tool to resolve political disputes. The ONAT affirms that it will continue, with the forces of civil society, its fight for the independence of justice and for respect for the neutrality of its institutions.
Finally, the Order reiterates its unwavering commitment to the defense of the fundamental rights and freedoms of all Tunisians, including the right to a fair trial.
A heavy verdict
The verdict on appeal, which was expected Thursday evening, was finally communicated only on the morning of Friday, November 28, via a dispatch from Tap. The decisions presented a mixed picture, mixing heavy convictions, reduced sentences and three acquittals.
The criminal chamber specializing in terrorism matters at the Tunis Court of Appeal handed down sentences of up to 45 years in prison for the detained defendants, while one of them was completely exonerated. For defendants left at large, sentences ranged from 5 to 35 years in prison, with two additional acquittals. Regarding the accused on the run, the court confirmed the first instance convictions, i.e. 33 years with immediate execution. Several convicts were also fined.
R.B.H
