Schlagwort: Amnesty International

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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Visa systems in Europe’s Schengen area function like an obstacle course for human rights defenders from different parts of the world, preventing many from participating in key decision-making forums. These obstacles contradict the rights and values that Schengen states claim to uphold, Amnesty International said in a new report today. 

Closing the door? How visa policies in Europe’s Schengen area fail human rights defenders, documents the many obstacles that activists from 104 visa-restricted countries –mainly in Africa, Asia and the Middle East– face when trying to access short-term visas to travel to the area for advocacy, networking, or respite from the risks they face because of their work.  

These human rights defenders (HRDs) are mostly racialized as Black, Asian and/or Muslim, and the negative impact on their mobility amounts to indirect discrimination, according to the organization’s analysis. 

“The inability to access Schengen visas means that the voices and testimonies of human rights defenders from countries in the Global South are excluded from forums where decisions that deeply affect their lives are made,” Erika Guevara Rosas, Senior Director for Research, Advocacy, Policy and Campaigns at Amnesty International.   

“While Schengen states are entitled to decide who enters their territory, the impact of their visa systems on human rights defenders from 104 countries represents a clear disconnect between what they have committed to, through their guidelines and other commitments to protect human rights defenders, and what they actually do.” 

The inability to access Schengen visas means that the voices and testimonies of human rights defenders from countries in the Global South are excluded from forums where decisions that deeply affect their lives are made

Erika Guevara Rosas, Senior Director for Research, Advocacy, Policy and Campaigns at Amnesty International.   

“Ensuring that HRDs have access to short-stay Schengen visas in a reliable, predictable, transparent, and timely manner is indispensable to realize their right to defend rights without discrimination.” 

Barriers to securing short-term visas 

The EU Visa Code, the legislative instrument governing short-term Schengen visas, allows for visa applications that do not meet all requirements to still be accepted on a case-by-case basis. However, those who receive and process visa applications, including external service providers, often seem unaware of the existence of this flexibility, resulting in many barriers, including applications being tossed out before they even make it to the decision-making stage. 

One of the first barriers to obtaining a Schengen visa is simply identifying where to submit a visa application. Many Schengen states do not have diplomatic representations or agreements with other countries in every visa-restricted country. This means human rights defenders may be required to travel to another country to file the application, which can be prohibitively expensive or pose a security risk. 

The time it takes to secure an appointment, wait for a decision, and the validity length of visas, are other hurdles in the obstacle course that defenders must go through to travel to countries in the Schengen area. In some cases, visas are issued too late or for a period so short that it does not account for the time it takes to travel to and from a location, or for any potential flight delays. 

Ensuring that HRDs have access to short-stay Schengen visas in a reliable, predictable, transparent, and timely manner is indispensable to realize their right to defend rights without discrimination.

Erika Guevara-Rosas

Visa applicants are often required to submit a long list of supporting documents, usually including proof of financial means, such as employment status, pay cheques or proof of property ownership. This is particularly difficult for activists, especially those most marginalized and discriminated against.  

A woman human rights defender from the Dalit community in Nepal told Amnesty International: “They ask for bank statements for those who want to visit a Schengen state. Imagine what this means for people who live in a situation where they can’t even earn a daily livelihood. Some people who want to advocate at the international level might not have this because they are human rights defenders, and most of the advocacy they do is on a voluntary basis.”  

These obstacles result in indirect discrimination for human rights defenders as Schengen visa policies impact disproportionately on racialized applicants. Although visa rules are apparently race-neutral, as they do not explicitly mention race or ethnicity as grounds for different treatment, there is a strong correlation between visa-restricted countries and populations racialized as Black, Asian, and/or Muslim. 

Existing flexibility and steps forward 

In June 2024, the European Commission published a revised version of the EU Visa Handbook –a set of guidelines to explain how to apply the EU Visa Code– which includes practical examples of how visa applications by human rights defenders can be facilitated.  

Amnesty International welcomes this development and calls on countries in the Schengen area to ensure that the revised EU Visa Code Handbook is well disseminated and fully implemented, ensuring that visa officers worldwide, including external service providers are fully trained in how to facilitate the travel of human rights defenders.  

The organization also calls on countries in the Schengen area to collect disaggregated data on race and ethnicity to end discrimination in the visa system as well as the development and implementation of a facilitated visa procedure for human rights defenders, including fast-tracking of applications. In addition, Schengen countries should issue more regularly long-term, multiple-entry visas as key protection tools, to allow agency to travel when the need arises without having to go through the same bureaucratical hurdles every time. 

The Schengen area is comprised of 29 countries, most of which are EU member states, and non-EU members, such as Switzerland and Norway. All Schengen countries are bound by the EU Visa Code for the issuance of short-term Schengen visas. 

Amnesty International spoke with 42 international organizations, based both within the Schengen area and in visa restricted countries, who have facilitated the travel of hundreds of HRDs over the years. The organization also gathered testimonies from 32 human rights defenders, with direct experience of visa processes.  

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An Amnesty International delegation will join abortion providers and defenders from across the globe at two gatherings in Bogotá, Colombia, to review progress on expanding access to safe abortions and to discuss new strategies to counter rising threats to human rights.  

The delegation will take part in a number of panels at the Latin American Consortium Against Unsafe Abortion (CLACAI) (30 Oct – 1 Nov), and the International Conference on Family Planning (ICFP) (4-6 Nov).  

 “While many advances have been made towards ensuring life-saving abortion services are available and accessible, anti-abortion narratives and legislation are gaining ground around the world, posing new threats,” said Fernanda Doz Costa, Director of the Gender Justice, Racial Justice, Migrants and Refugees Programme at Amnesty International, who will take part in a number of panels. 

“Despite all the risks, brave activists and health professionals continue to work to protect the hard-earned right to access the essential healthcare that so many people’s lives depend on. These gatherings are a clear signal that the movement to protect gender equality is standing strong in the face of many challenges, and it is a source of inspiration.” 

These gatherings are a clear signal that the movement to protect gender equality is standing strong in the face of many challenges, and it is a source of inspiration.

Fernanda Doz Costa, Director of the Gender Justice, Racial Justice, Migrants and Refugees Programme at Amnesty International

Criminalization of abortion is the biggest contributing factor to the estimated 35 million unsafe abortions that occur every year. It means healthcare staff are constantly caught between their ethical and professional duty to provide the best available care and being criminally liable if they do not follow harmful laws. 

A report by Amnesty International found that, despite many advances, abortion providers and defenders are facing an increasing wave of attacks. In Bogotá, the organization and its partners will also continue promoting the Key Principles and actions to safeguard abortion care providers as human rights defenders and advocate for new narratives to advance reproductive justice through the new campaign “Latido Común.”  

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Amnesty International calls on the Salvadoran authorities to immediately and unconditionally guarantee the release of community defenders José Ángel Pérez and Alejandro Henríquez, who have been unjustly imprisoned since May 2025 after participating in a peaceful protest in defense of the rights of the El Bosque community. This comes ahead of a hearing scheduled for Wednesday, October 29, at which the provisional detention order against them will be reviewed.

 “José Ángel and Alejandro should never have spent a single day in prison for peacefully exercising their right to defend the rights of their community. Their detention is arbitrary and deeply unjust. October 29 represents an opportunity for the authorities to rectify this injustice, guarantee full respect for due process, and ensure their immediate and unconditional release,” said Ana Piquer, Americas Director at Amnesty International. 

 José Ángel and Alejandro should never have spent a single day in prison for peacefully exercising their right to defend the rights of their community. 

Ana Piquer, Americas Director at Amnesty International. 

The organization has expressed its deep concern about the violations of their human rights and the inhumane conditions of detention to which they have been subjected. The criminal proceedings against them have been marked by unfounded accusations of “resistance” and “public disorder,” without evidence to justify their deprivation of liberty. These irregularities have seriously violated their right to the presumption of innocence, to an adequate defense, and to a fair trial.

Since their arrest, both defenders have been held incommunicado without access to the outside world, increasing the risk of torture and other cruel, inhuman, and degrading treatment. In addition, they have been exposed to a prison system characterized by extreme overcrowding. These types of arbitrary detentions are part of a systematic pattern of criminalization that seeks to silence those who denounce abuses, defend the rights of their communities, and demand justice.

“The criminalization of community human rights defenders not only violates the rights of those detained, but also seeks to send a message of fear and intimidation to all those who demand justice and defend the territory in El Salvador. This must end now,” concluded Ana Piquer.

The criminalization of community human rights defenders not only violates the rights of those detained, but also seeks to send a message of fear and intimidation to all those who demand justice and defend the territory in El Salvador.

Ana Piquer, Americas Director at Amnesty International. 

The human rights defenders were recognized by Amnesty International as Prisoners of Conscience in July 2025, concluding that they are deprived of their liberty solely for the peaceful exercise of their human rights. The October 29 hearing is decisive in determining whether they will remain in detention.  

For more information or to arrange an interview, please contact press@amnesty.org.

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