Ahead of the trial of prominent lawyer and human rights defender Ahmed Souab starting on 31October in Tunis, Heba Morayef, Regional Director for the Middle East and North Africa at Amnesty International, said:
“Ahmed Souab is facing unfounded charges that carry heavy prison sentences, including ‘forming a terrorist organization’ and ‘spreading fake news,’ solely for peacefully exercising his right to freedom of expression and carrying out his professional duties as a human rights lawyer. His arrest and subsequent prosecution are in retaliation for his criticism of the lack of due process and independence of the court regarding the ‘conspiracy case’ in which he was representing three defendants.
Ahmed Souab should never have been detained in the first place, let alone be prosecuted.
Heba Morayef
“Ahmed Souab should never have been detained in the first place, let alone be prosecuted. His case is a chilling example of the Tunisian authorities’ broader authoritarian practices to target critics, lawyers, and human rights defenders who dare to speak out against persistent violations of judicial independence and the rule of law and executive overreach. Authorities are using bogus “terrorism” charges as a pretext to crackdown on peaceful dissent and severely restrict the right to a fair trial and create a pervasive climate of fear. This travesty of justice must stop.
“The Tunisian authorities must immediately and unconditionally release Ahmed Souab and drop all the baseless charges against him. They must uphold their international human rights obligations and cease the targeting of lawyers for defending their clients or criticizing the judiciary. Authorities must uphold the rule of law including judicial independence and allow lawyers to freely carry out their professional functions without any harassment, intimidation or improper interference.”
Background
Ahmed Souab is a prominent Tunisian lawyer and human rights defender known for his outspoken criticism of violations of fair trial rights and executive interference with judicial independence, particularly under President Kais Saied’s administration. He previously served as a judge at the Administrative Court and has been a vocal critic of the dismantling of the rule of law following President Saied’s July 2021 power grab.
Souab has represented several high-profile victims of human rights violations, including political opposition and activists in the “conspiracy case,” the highest-profile example of the broader authoritarian practices including crackdown on political opposition and the erosion of judicial independence and the rule of law in Tunisia. On 19 April, a Tunis criminal court sentenced 37 individuals including prominent political opposition figures, lawyers, and human rights defenders, to harsh prison terms ranging between four and 74 years on unfounded “conspiracy” charges. The defendants have been convicted solely for the peaceful exercise of their human rights. Their trial has been riddled with procedural and substantive violations and a blatant disregard of defense rights and was based on unsubstantiated charges.
Ahmed Souab’s hearing will be held without his physical presence as the court extended its decision to hold terrorism trials remotely citing a vague “imminent danger.” Souab is refusing to attend his court hearing remotely and insists on being physically present during his trial in order to defend himself. There is no justification to deny detainees their right to be brought physically before the court to challenge the lawfulness of their detention. Denying the detainees this right is also incompatible with the requirements of respect for due process law, as for example, it undermines the ability of the detainees to effectively participate in and follow the proceedings and to be heard without technical impediments. Such a denial is incompatible with the principles of due process guaranteed under both Article 7 of the African Charter on Human and Peoples’ Rights and Article 9 of the International Covenant on Civil and Political Rights, to which Tunisia is a State Party.
Souab’s arrest on 21 April 2025 came just two days after he spoke at a press conference criticizing the lack of fair trial in the “conspiracy case,” in his capacity as defense lawyer for 3 of the defendants. Following his arrest, authorities held him in incommunicado for detention 48 hours before his pre-trial detention was ordered. Amnesty International has documented a concerning pattern of the misuse of counter-terrorism laws to crackdown on peaceful dissent and a growing trend of targeting lawyers representing activists and political opposition groups in Tunisia.
For instance, lawyer Dalila Msaddak faces trial on 25 November 2025 with journalist Borhene Bsaies for comments made on his TV show two years ago defending her clients detained in the notorious “conspiracy case”. In the November 2023 interview, Msaddak said the charges against her clients were unfounded and the case was “fabricated.” Two days later, prosecutors opened an investigation against Msaddak and Bsaies under Decree-Law 54 accusing them of spreading “false news,” and then referred them to trial.
Tunisian authorities have the legal obligations including under Article 7 of the African Charter on Human and Peoples’ Rights and Article 14 of the International Covenant on Civil and Political Rights to which the country is a state party to ensure the right to a fair trial includes the right to be defended by counsel of one’s choosing.
Similarly, under Principle 16 of the UN Basic Principles on the Role of Lawyers, lawyers “shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.” Principle 20 provides that, “lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court.”
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