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Tunisia

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In early 2026, Tunisia is undergoing a rapid transition toward what international observers describe as a "monocratic" system. Following President Kais Saied’s re-election in late 2024 and the extension of the State of Emergency through December 31, 2026, the country has seen the dismantling of nearly all democratic safeguards established after the 2011 revolution.

The primary human rights issues in Tunisia as of 2026 are:


1. Political Purges and the "Conspiracy Case"


The government has moved from targeting individuals to systemic mass trials of the political opposition.

  • Mass Sentencing: In 2025 and early 2026, courts handed down sentences ranging from 12 to 66 years in the "Conspiracy against State Security" case. Prominent figures like Rached Ghannouchi and Abir Moussi remain imprisoned.

  • Presidential Election Interference: During the 2024/2025 election cycle, the electoral commission (ISIE) disregarded Administrative Court orders to reinstate disqualified candidates, effectively clearing the path for President Saied.

  • Death Penalty for Speech: In a chilling escalation, a Nabeul court sentenced an activist to death in late 2025 for Facebook posts criticizing the president—the first such sentence for speech in decades.


2. The Weaponization of Decree-Law 54


Decree-Law No. 2022-54, ostensibly aimed at cybercrime, has become the "legal hammer" used to silence the press and civil society.

  • Targeting Journalists: Since 2023, dozens of journalists have been prosecuted under Article 24, which allows for 5-year prison terms for "spreading false news."

  • Criminalizing Legal Defense: In February 2026, prominent human rights lawyer Ahmed Souab faced an appeal trial after being sentenced to five years for criticizing the lack of due process in political cases.


3. Destruction of Judicial Independence


The judiciary has been largely brought under executive control through presidential decrees.

  • Dismissal of Judges: The President maintains the authority to unilaterally dismiss judges, a power used against 57 magistrates in 2022 and upheld despite orders from the African Court on Human and Peoples' Rights to stop.

  • Stripping Court Powers: In late 2025, the Assembly of the Representatives of the People passed laws stripping the Administrative Court of its jurisdiction over electoral matters, removing one of the last checks on executive power.


4. Rights of Migrants and Refugees


Tunisia has become a flashpoint for human rights violations against Black African migrants and refugees.

  • "Safe Country" Debate: As of February 2026, international NGOs are urging the European Parliament to reject a proposal listing Tunisia as a "safe country of origin," citing "rampant repression" and the "outsourcing" of border control.

  • Systemic Violence: Security forces have been accused of "illegal interceptions at sea" and forcibly transporting migrants to desert border zones without food or water.


5. Escalating Crackdown on LGBTQ+ Rights


While Tunisia was once seen as a leader in regional social reform, there has been a sharp reversal.

  • Mass Arrests: Between late 2024 and early 2026, over 80 people were arrested under laws against "homosexuality" and "public morals."

  • Forced Examinations: Human rights groups continue to condemn the use of forced anal examinations on men accused of same-sex relations, a practice that international law defines as a form of torture.


Summary of State of Emergency Powers


The renewed State of Emergency allows the Interior Ministry to:

  • Ban all public gatherings and protests without a court order.

  • Conduct house searches and monitor media broadcasts without judicial warrants.

  • Impose indefinite curfews and "movement restrictions" on activists.

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