Summary:
Jawher Ben Mbarek, a law professor and prominent leader of the National Salvation Front, was arrested on February 23, 2023, in what became widely known as the “Conspiracy Against State Security” case. He was handed an initial sentence of 18 years in prison, first held at Mornaguia Civil Prison before later being transferred to Belli Prison in Nabeul Governorate. In addition, a final ruling sentenced him to five months in prison under Article 24 of Decree-Law No. 54, following a social media post in which he criticized the 2022 legislative elections.
Methodology:
This report was prepared through a detailed review of the legal proceedings brought against Jawher Ben Mbarek, presented in chronological order from their onset. The Intersection Association for Rights and Freedoms gathered information from his lawyer as well as credible and impartial media sources. These events were analyzed against the framework of Tunisian law and constitutional provisions, and assessed in light of Tunisia’s international obligations—particularly those concerning freedom of expression, the right to defense, and the principles of a fair trial.
Chronology of Violations:
Jawher Ben Mbarek, a Tunisian politician and senior figure in the National Salvation Front, was arrested on February 24, 2023, along with several other political leaders implicated in the same case.
On the evening of Thursday, February 24, 2023, officers from the National Unit for the Investigation of Terrorist Crimes and Organized Crime, together with the Criminal Police Directorate, arrested Ben Mbarek following a judicial order issued by the Public Prosecutor.[1] The next day, on February 25, 2023, the Investigating Judge at the Judicial Counter-Terrorism Division ordered his pretrial detention after interrogating him. He was charged with forming a conspiracy aimed at altering the structure of the state and plotting against its internal and external security. This case, widely known in the media as the “Conspiracy Against State Security” case, led to the arrest of nine political figures, two of whom were later released while the others, including Ben Mbarek, remained in detention and were eventually sentenced to prison.[2]
After two days of interrogation, on February 25, 2023, the Investigating Judge ordered Ben Mbarek’s transfer to Mornaguia Civil Prison, where he spent the first months of his detention. During this time, the defense submitted a request for his release, but the Indictments Chamber rejected it and returned the case to the Investigating Judge, who extended his detention for an additional four months. The defense submitted two further release requests, on July 28, 2023, and September 21, 2023, both of which were denied.[3]
On September 26, 2023, Ben Mbarek began a hunger strike in protest against what he described as a “judicial injustice” led by the Investigating Judge of Office No. 36 at the Counter-Terrorism Division, as well as in response to deteriorating prison conditions.
During the strike, his health severely declined. On October 9, 2023, he was transferred to hospital without his family or lawyer being notified. The hunger strike lasted for 16 days, before he suspended it on October 12, 2023.[4]
According to testimony provided by his lawyer to the Intersection Association for Rights and Freedoms, Ben Mbarek’s decision to begin the hunger strike stemmed from what he perceived as the politicization of the judiciary and the ill-treatment he suffered in prison. He was prohibited from engaging in social life inside the prison after being stigmatized as a “terrorist.”
His lawyer further noted that he was banned from receiving books sent by his family, particularly those of a political nature, which were subject to prior censorship by the prison administration. Letters sent to and from him were also censored, and he was denied access to the prison library, the sports hall, and general recreation areas, effectively isolating him from his surroundings.
In addition to the charge of conspiracy against state security, Jawher Ben Mbarek was prosecuted under Article 24 of Decree-Law No. 54 for the alleged production, dissemination, publication, transmission, or preparation of news, statements, or rumors, based on a social media post in which he criticized the 2022 legislative elections, describing them as a “farce.”
On February 13, 2024, he began a second hunger strike that lasted 15 days, before suspending it on February 27, 2024. According to his lawyer, Dalila Mseddiq, on February 24, 2024, he was not transferred to the courtroom for his scheduled hearing. Instead, the judge issued a first-instance judgment sentencing him to six months in prison. This ruling was handed down despite the adjournment of the session to consider a request for postponement, and without granting the defense the opportunity to present its arguments—constituting a blatant violation of his right to a fair trial
The conviction was later upheld by the Misdemeanor Chamber of the Tunis Court of Appeals, which reduced the sentence to five months in prison on May 27, 2024, again without hearing the defense, as confirmed by his lawyer. Meanwhile, Ben Mbarek launched a third hunger strike on April 23, 2024, which he ended after 22 days, on May 15, 2024.
In July 2024, the Investigating Judge issued a decision prohibiting the public disclosure of information in the “Conspiracy Against State Security” case, thereby further shrouding the case and the associated violations in secrecy, which is a measure the defense team firmly rejected.[5]
On April 12, 2024, the Investigating Judge concluded the inquiry into the case, refusing to release Ben Mbarek despite the expiration of the maximum 14-month limit for pretrial detention. This prompted his defense team to appeal to UN mechanisms in order to seek redress and to defend the rights of political prisoners, including Ben Mbarek..
.
In December 2024, Ben Mbarek was transferred from Mornaguia Civil Prison to Belli Civil Prison in Nabeul Governorate. His conditions there remained unchanged, as he continued to be denied access to books and prohibited from interacting with other detainees.
The opening of the hearings was scheduled for March 4, 2025, but the judicial authorities decided that the session would be held remotely, without bringing Jawher Ben Mbarek into the courtroom. He refused this arrangement and chose not to participate, prompting the adjournment of the hearing to April 11, 2025. When the authorities insisted that the hearing proceed remotely, Ben Mbarek began a hunger strike on March 29, 2025, in protest against the decision. According to his lawyer, his health condition had seriously deteriorated after 10 days of the strike.
On April 11, 2025, the Criminal Chamber specialized in terrorism cases postponed the hearing to April 18, 2025[6], when it issued a judgment sentencing Jawher Ben Mbarek to 18 years in prison.[7]
Following the verdict, Ben Mbarek sent a message that was published by his defense team and family on April 21, 2025. He wrote: “Sentences have been handed down against us in a case without a crime and without a trial. I feel nothing but indifference. From the day I was taken captive, I have known when I will regain my freedom. But the one who issued these sentences is the one who does not know when he will leave, nor how he will leave.” Through this letter, he expressed his rejection of the injustice he and othe political detainees are subjected to.
Human Rights Violations:
The arrest and prosecution of Jawher Ben Mbarek form part of a continuous pattern of grave human rights violations that erode the fundamental rights and freedoms guaranteed under the Tunisian Constitution. They also constitute a clear breach of Tunisia’s international obligations, most notably the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Standard Minimum Rules for the Treatment of Prisoners.
Ben Mbarek’s detention on the basis of his political activity and opposition to the ruling authorities amounts to a violation of the right to political participation. It stands in direct contradiction to Article 20(2) of the Universal Declaration of Human Rights (UDHR), which guarantees freedom of peaceful assembly and association.
It also represents a blatant violation of the right to freedom of expression, a fundamental right enshrined in Article 19(1) of the ICCPR, which provides that: “Everyone shall have the right to hold opinions without interference. This right shall include freedom to discuss public affairs, to organize peaceful assemblies and meetings, to criticize and oppose government actions, to publish political articles, and to conduct electoral campaigns and advocate political ideas.”
Furthermore, charging Ben Mbarek with conspiracy against state security on the basis of political meetings and activities criminalizes the right to peaceful assembly, which is expressly protected under Article 21 of the ICCPR.
The use of anti-terrorism legislation as a tool of reprisal against political opponents represents a clear violation of the principles of the rule of law and equality before the law. It marks a serious regression from the very notion of the rule of law.
The treatment endured by Jawher Ben Mbarek in prison stands in direct contradiction to the fundamental rights guaranteed to every detainee. It also runs counter to the 2022 Constitution of the Republic of Tunisia, which affirms in Article 36: “Every prisoner has the right to humane treatment that preserves their dignity. In enforcing custodial sentences, the State shall take into account the interests of the family and shall work to rehabilitate and reintegrate the prisoner into society
His treatment also directly contravenes the Basic Principles for the Treatment of Prisoners under international law. In particular, UN General Assembly Resolution 45/111 of 14 December 1990 states:“All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
These principles further provide that all prisoners are entitled to participate in cultural and educational activities aimed at the full development of the human personality. In reality, however, Ben Mbarek has been deprived of even his most basic rights in detention.
Moreover, the prosecution brought against him for a social media post criticizing the legislative elections, which resulted in his conviction and imprisonment, constitutes a clear violation of freedom of opinion and expression. This right is explicitly guaranteed by the 2022 Tunisian Constitution, which states in Article 37:
“Freedom of opinion, thought, expression, information, and publication shall be guaranteed. No prior censorship may be exercised over these freedoms.”
The judgment against Ben Mbarek also disregards the principle of proportionality between the offense and the penalty, enshrined in Article 55 of the Constitution. A review of the contested post reveals that it contained nothing more than political opinions and ideas. His conviction therefore stands in conflict with internationally recognized restrictions set out in Article 20 of the ICCPR, and his actions fall squarely within the legitimate exercise of the right to freedom of expression protected by the aforementioned instruments.
His imprisonment thus represents a continuation of the systematic erosion of rights and freedoms in Tunisia, aiming to discourage citizens from engaging with and participating in matters of public concern.
Whether in the “Conspiracy Against State Security” case or under Decree-Law No. 54, Jawher Ben Mbarek was denied the most basic guarantees of a fair trial. In the case that resulted in a five-month prison sentence, no defense arguments were heard and he was not even brought into the courtroom despite being held in custody. This directly contravenes Article 33 of the 2022 Tunisian Constitution, which affirms:
“The accused is presumed innocent until proven guilty in a fair trial that guarantees all rights of defense throughout all stages of prosecution and trial.”
It also violates Article 10 of the Universal Declaration of Human Rights (UDHR), which provides:
“Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.”
Furthermore, the continued detention of Jawher Ben Mbarek constitutes arbitrary detention, as underscored by a United Nations report issued on November 18, 2024. His detention also contradicts Article 35 of the Tunisian Constitution, which stipulates:
“No person may be arrested or detained except in cases of flagrante delicto or by judicial order. The person shall be immediately informed of their rights and of the charges against them, and shall have the right to legal counsel. The duration of arrest and detention shall be determined by law.”
By law, the maximum duration of pretrial detention may not exceed 14 months. Yet Jawher Ben Mbarek has been imprisoned for more than two years, rendering his continued detention unlawful and incompatible both with national legislation and with Tunisia’s international human rights obligations.
This is further confirmed by Decision No. 1997/50 of the UN Human Rights Committee, which states:
- Category II: “When deprivation of liberty results from the exercise of rights or freedoms guaranteed by Articles 7, 13, 14, 18, 19, 20, and 21 of the Universal Declaration of Human Rights, and, in the case of States parties to the ICCPR, by Articles 12, 18, 19, 21, 22, 25, 26, and 27 of the Covenant.”
- Category V: “When the deprivation of liberty constitutes a violation of international law for reasons of discrimination based on birth, national, ethnic or social origin, language, religion, economic status, political or other opinion, gender, sexual orientation, disability, or any other status, aimed at or resulting in the denial of equality of human rights.”
Sources:
The Intersection Association for Rights and Freedoms documented the violations suffered by Jawher Ben Mbarek through an interview with his lawyer and sister, Dalila Mseddiq Mbarek, conducted on April 7, 2025. The documentation also drew on press conferences held by the Defense Committee for Political Prisoners, statements issued by the Committee, and a number of press articles.
[1] Babnet, “Arrest of Political Activist Jawher Ben Mbarek,” published on February 24, 2023. Accessed on August 21, 2025.
https://www.babnet.net/rttdetail-262232.asp
[2] Interview with Ms. Dalila Mseddiq Mbarek, lawyer of the victim, conducted on April 7, 2025.
[3] Inkyfada, “The Conspiracy Against State Security Case: One Year After Its Launch, What Has Been the Outcome?” published on February 11, 2024. Accessed on August 21, 2025.
[4]Express FM, “Jawher Ben Mbarek Begins a Hunger Strike,” published on September 26, 2023. Accessed on August 21, 2025.
[5] https://www.jawharafm.net/ar/article/%D8%A7%D9%84%D9%86%D9%8A%D8%A7%D8%A8%D8%A9-%D8%A7%D9%84%D8%B9%D9%85%D9%88%D9%85%D9%8A%D8%A9-%D9%82%D8%B1%D8%A7%D8%B1-%D9%85%D9%86%D8%B9-%D8%A7%D9%84%D8%AA%D8%AF%D8%A7%D9%88%D9%84-%D8%A7%D9%84%D8%A5%D8%B9%D9%84%D8%A7%D9%85%D9%8A-%D9%81%D9%8A-%D9%82%D8%B6%D9%8A%D8%A9-%D8%A7%D9%84%D8%AA%D8%A2%D9%85%D8%B1-%D8%B9%D9%84%D9%89-%D8%A3%D9%85%D9%86-%D8%A7%D9%84%D8%AF%D9%88%D9%84%D8%A9-%D9%85%D8%A7%D8%B2%D8%A7%D9%84-%D8%B3%D8%A7%D8%B1%D9%8A%D8%A7/105/256849
[6] Mosaique FM, “Hearing in the Conspiracy Against State Security Case Postponed to April 18,” published on April 11, 2025. Accessed on August 21, 2025.
[7] Jawhara FM, “Sentences Ranging from 66 to 13 Years: Details of the Rulings in the ‘Conspiracy’ Case,” published on April 19, 2025. Accessed on August 21, 2025.
