Summary:
Abir Moussi, a Tunisian lawyer and politician and the president of the Free Destourian Party (PDL), has been detained since October 2023. She was arrested after heading to the presidential palace, accompanied by a party lawyer and a bailiff, to submit a formal grievance challenging presidential decisions regarding local elections. Shortly thereafter, a wave of legal proceedings and charges ensued, and she is currently facing prosecution in nine separate cases.
Methodology:
This documentation is grounded in a legal and human rights analysis of the case of Member of Parliament Abir Moussi. It follows a precise chronological review of all judicial and administrative procedures since the beginning of her arrest. The information presented is based on credible sources, including official statements from her legal defense team, public records, and accessible documentation. The legal actions have been examined in light of national legislation, including the Penal Code, the Code of Criminal Procedure, and the Constitution, as well as relevant international human rights standards. Particular focus was placed on freedom of expression, fair trial guarantees, and the rights of individuals facing prosecution. Special attention was also given to the legal classification of the charges and to whether the proceedings upheld the fundamental safeguards provided by both domestic law and international conventions ratified by Tunisia.
Circumstances and Violations
On October 3, 2023, Abir Moussi, a lawyer and political leader, was arrested after going to the Carthage Presidential Palace accompanied by her party’s lawyer and a bailiff. The purpose of the visit was to submit a grievance challenging presidential decisions related to local elections, the delineation of administrative territories, constituency distribution, and seat allocations. Since her arrest, a series of legal cases has been brought against her. She has remained in detention since October 2023.
After a prolonged wait, she was informed that the registry office had refused to accept the submissions. In protest against this unjustified rejection, she recorded the incident in a live video posted on her social media page. Following the broadcast, and amid objections from public officials regarding the filming and protest, she was arrested and taken to an undisclosed location without being informed of her destination or allowing her lawyers to contact her lawyers. After hours of searching police stations and making inquiries, her lawyers eventually discovered that she had been taken to La Goulette police station in the Tunis delegation. She was later transferred to the Bouchoucha detention center after undergoing interrogation. Her legal team was not allowed to meet with her, and no legal grounds were provided for this denial.
On October 4, her lawyer confirmed that the 48-hour denial of access to her was unjustified, particularly since her arrest had not been made under the Anti-Terrorism Law. In addition, legal proceedings were initiated in direct violation of Article 46 of the Law on the Legal Profession, which mandates immediate notification of the relevant Bar president when charges are filed against a practicing lawyer. Article 46 of the Law on the Legal Profession clearly states: “If criminal proceedings are initiated against a lawyer, the president of the relevant regional branch must be immediately informed, and the lawyer must be referred by the Public Prosecutor before the Investigating Judge.”
However, when her lawyers went to the Public Prosecutor’s office, they found that the latter did not know any legal action being taken against her. This strongly suggests that Abir Moussi was being held in detention without due legal process or adherence to procedural safeguards.
On October 31, a digital crimes expert was appointed to examine the contents of Abir Moussi’s phone. She was presented to this expert without informing her defense team, despite her objection to the procedure. This constituted a clear violation of legal safeguards.
On January 29, 2024, the investigative phase in this case was formally closed. The charges included two misdemeanors: unauthorized processing of personal data and obstruction of work. In a statement released on January 30, 2024, her legal team announced that their client would be referred to the Misdemeanor Chamber of the Tunis Court of First Instance, and that the pretrial detention order would remain in effect until her court appearance. However, the Public Prosecutor appealed the decision, resulting in the case being referred to the Indictment Chamber. The Indictment Chamber upheld the decision to close the investigation and confirmed that the inquiry had been completed. Nonetheless, the Public Prosecutor submitted a cassation appeal before the Court of Cassation.
In the same month, the defense team disclosed that a new case had been filed against Abir Moussi under Article 24 of Decree-Law No. 54, based on a complaint submitted by the Independent High Authority for Elections (ISIE), represented by its president, dating back to December 2022. Consequently, a new detention warrant was issued against her on February 1, 2024.
On February 6, 2024, her defense team received a written notification from the regional Bar Association, informing them that Abir Moussi was scheduled to appear before an Investigating Judge on February 13, in connection with another case filed by the Independent High Authority for Elections, also under Article 24 of Decree-Law No. 54, this time before the Criminal Chamber.
A new pre-trial detention order was issued. She was referred to the Criminal Chamber, and her request for cassation was denied. Her defense team declared a boycott of the proceedings, asserting that the trial was politically orchestrated and deliberately unfair, part of a broader effort to suppress dissent and eliminate political opposition. Abir Moussi also formally asked the Bar Association not to assign a court-appointed lawyer to her case, following a request from the Criminal Chamber. However, the Bar president did not act on her request.
On June 12, 2024, Abir Moussi appeared for a new interrogation session related to a police report filed by the El Aouina Police Station (Tunis delegation) in June 2023. The case was linked to the Free Destourian Party’s preparations for a protest in front of the Ministry of Foreign Affairs, opposing Tunisia’s migration agreements with Italy. Although the authorities had been officially notified of the demonstration, the police seized the sound equipment. After the equipment was returned and the protest was held, the police proceeded with filing a formal report.
In February 2025, Abir Moussi was sentenced to pay a fine of 500 Tunisian dinars, and her cassation appeal was rejected, according to her legal team.
On February 3, 2025, her defense team announced its decision to boycott the Criminal Chambers handling the two cases against her: the “Registry Office” case and the complaint filed by the Independent High Authority for Elections under Decree-Law No. 54. The boycott, the team explained, was in protest of “a flawed legal process and the numerous violations that have marred judicial proceedings.”
On February 14, 2025, Abir Moussi was transferred from Manouba Civil Prison to Belli Prison in Nabeul, following an administrative order carried out without any justification or prior notice to her family or legal counsel. The transfer took place despite her deteriorating health, which requires continuous medical monitoring and strict adherence to her physician’s recommendations to ensure her well-being.
During a press conference held on Saturday, March 22, 2025, a member of Abir Moussi’s legal defense team and a senior figure in her party warned that the authorities were pursuing the harshest possible legal penalties against her. He described the prosecution as politically driven, stating that “the parties orchestrating these proceedings are actively seeking the maximum penalties,” and emphasized that “the case file contains no incriminating evidence against her.”
On April 28, 2025, Abir Moussi was informed that the prison authorities had denied her daughter the right to conduct an in-person visit at Belli Prison. This denial was carried out in defiance of a judicial order and framed as a consequence of state security allegations, amounting to retaliatory and punitive treatment against Abir Moussi, further violating her fundamental rights. The authorities verbally informed the involved parties that the request was denied on the grounds that Moussi was under investigation for “undermining state security,” in accordance with Article 72 of the Tunisian Penal Code. This decision constitutes a form of punitive treatment and a violation of her fundamental rights, particularly her right to receive family visits.
As of May 26, 2025, Abir Moussi remains in detention without a valid pre-trial detention order. The previous warrants, issued on October 5, 2023, and February 21, 2024, have legally expired following the decisions rendered by the Indictment Chambers in the respective cases. According to her defense team, the prison administration no longer holds any enforceable legal basis to justify her continued detention, rendering it unlawful and arbitrary, and in clear violation of both Tunisian law and binding international legal obligations.
Human Rights Violations
Since her arrest on October 3, 2023, Abir Moussi, a lawyer, politician, and President of the Free Destourian Party, has been subjected to a series of serious human rights violations, both at the time of her arrest and throughout her detention and prosecution. These actions constitute a clear violation of national and international standards concerning fair trial guarantees and conditions of detention.
Her prosecution has notably relied on repressive legislation, particularly Decree-Law No. 54, which has been systematically instrumentalized by authorities to silence political opponents and criminalize peaceful expression.
One of the most serious violations is her arbitrary detention. On May 26, 2025, her legal team confirmed that she remained in custody without a valid detention order, as the previously issued warrants had expired. Holding her in detention without any lawful basis represents a flagrant breach of Tunisia’s international obligations and a clear violation of binding human rights treaties.
Article 9 of the International Covenant on Civil and Political Rights (ICCPR) stipulates that:
“Everyone has the right to liberty and security of person and must not be subjected to arbitrary arrest or detention. Deprivation of liberty must be based on lawful grounds and follow procedures established by law.”
Similarly, Article 3 of the Universal Declaration of Human Rights affirms:
“Everyone has the right to life, liberty, and security of person.”
Moussi’s defense team argues that her continued detention without a valid order amounts to unlawful imprisonment under Article 250 of the Tunisian Penal Code, which prohibits the detention of individuals without a legal basis. This position is supported by consistent jurisprudence from the United Nations Human Rights Committee, which has ruled that detaining individuals without a clear and valid detention order violates Article 9 of the ICCPR.
Her initial arrest on October 3, 2023, also constitutes a serious violation of civil and political rights protected under the Tunisian Constitution and international treaties ratified by Tunisia. At the time of her arrest, Moussi was engaged in peaceful political activity as she submitted a legal complaint at the Presidential Palace, accompanied by her party’s lawyer and a court officer, to challenge presidential decrees related to local elections.
The arrest was executed without clear charges and in the absence of basic legal safeguards, including the right to be informed of the charges, the right to contact her lawyer promptly, and the right not to be held incommunicado. She was detained for several hours without any disclosure of her whereabouts. This constitutes a violation of Article 35 of the Tunisian Constitution, which states:
“No one may be arrested or detained except in the case of flagrante delicto or by judicial order. The person must be immediately informed of their rights and of the charges against them, and shall have the right to a lawyer. The duration of detention shall be regulated by law.”
The arrest also failed to comply with the specific procedures required when initiating criminal proceedings against a practicing lawyer. These procedural violations represent a breach of fair trial guarantees and amount to arbitrary detention, in contravention of Article 9 of the International Covenant on Civil and Political Rights. This article requires that detainees be informed of the reasons for their arrest and the charges against them, and prohibits detention without a clear legal basis.
The case illustrates a troubling pattern of legal misuse aimed at restricting fundamental freedoms and silencing political opposition.
During her detention, Abir Moussi was repeatedly denied access to visits from both her legal defense team and family members, including her children. This denial constitutes a serious violation of her fundamental rights as a detainee and directly undermines her ability to mount a fair defense.
These restrictions are inconsistent with Article 124 of the Tunisian Constitution, which guarantees the right to a fair trial within a reasonable time and upholds the principle of equality before the law. They also violate Article 14, paragraph (b), of the International Covenant on Civil and Political Rights, which affirms that anyone facing criminal charges has the right to adequate time and facilities to prepare their defense and to communicate with legal counsel of their choosing. This guarantee is essential to ensuring equality of arms in judicial proceedings.
Beyond the legal dimension, the denial of visits from her children constitutes a violation of children’s rights—specifically their right to maintain direct and regular contact with a parent. This restriction undermines family unity and contradicts the best interests of the child, a universally recognized legal standard. Article 33 of Law No. 52 of 2001 on Tunisia’s prison system stipulates that first-degree relatives are entitled to visit incarcerated individuals during designated times. Additionally, Article 9 of the Convention on the Rights of the Child affirms that a child separated from one or both parents has the right to maintain personal relations and direct contact with both parents on a regular basis, unless doing so is contrary to the child’s best interests.
In this context, the refusal to permit such visits is not merely an arbitrary administrative action, but a direct violation of the right to legal defense and an infringement on both familial and human rights as protected under national and international law.
In addition to these legal and procedural violations affecting her trial and ongoing detention, Abir Moussi’s prison conditions have been marked by continued infringements on her fundamental rights.
Moussi suffers from chronic spinal conditions, and despite repeated efforts to secure the necessary medical care as prescribed by her physician, prison authorities have failed to provide consistent treatment. Although she initially received care for less than a month, she was later transferred to Belli Prison in Nabeul without any clear legal or medical justification. Since that transfer, she has been denied adequate medical follow-up, resulting in a marked deterioration in her health, intensified physical pain, and significant psychological distress.
These conditions contravene international standards governing the treatment of prisoners, most notably the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), which under Rule 24 require that prisoners receive healthcare equivalent to that available in the general community, including continuous and specialized care.
This situation also violates Article 10 of the International Covenant on Civil and Political Rights (ICCPR), which stipulates that “all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.” The denial of necessary medical care further constitutes a clear violation of Moussi’s right to health, as guaranteed by Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). This imposes both a legal and moral obligation on the Tunisian state to ensure access to essential healthcare services for all individuals in detention, including those held in pretrial custody.
Sources:
Review of published articles and media reports concerning the situation of the victim, Abir Moussi.
An in-person interview with Mr. Nafea El Aribi, the legal counsel for the victim, was conducted on 19 May 2025.
In-person interview with Mr. Nafea El Aribi on Thursday, 29 May 2025.
Review of all press conferences organized by the defense team representing Abir Moussi.
