Summary
Ridha Belhaj, a 63-year-old Tunisian lawyer and politician, previously served as Minister Delegate to the Prime Minister in 2011 and later as Chief of Staff to the President of the Republic in 2015 under President Beji Caid Essebsi.
He was arrested on 25 February 2023 in connection with what has become known as the “Conspiracy Against State Security” case. He was later sentenced to 18 years in prison following a series of violations of his fundamental rights, including his right to a fair trial.
Details of the Violation
On 2 January 2023, Ridha Belhaj was informed by the head of the regional branch of the Bar Association that he was being referred for investigation, together with opposition figure Ahmed Nejib Chebbi, in connection with a case opened by the Public Prosecutor’s Office.[1]
On 10 February 2023, Justice Minister Leila Jaffel received a short security memo from the Director of the Judicial Police — no more than a single line — stating: “It has come to my attention that a group of individuals is conspiring against the internal and external security of the state.”
The Minister forwarded this memo to the Public Prosecutor, initiating what would later become known as the “Conspiracy Against State Security” case.”[2]
On 11 February 2023, a large campaign of raids and arrests was launched, targeting several opposition figures and political leaders. A total of seventeen people were detained over the course of the month. As part of this campaign, on 24 February 2023, the Investigating Judge at the Judicial Counter Terrorism Division issued a judicial order authorizing the search of Ridha Belhaj’s home.[3]
Shortly after midnight between 24 and 25 February 2023, the National Brigade for the Investigation of Terrorist Crimes and Crimes Against National Security raided his home, searched the premises, and seized some of his personal belongings. He was then taken to the brigade’s headquarters, where the official report related to the search order was finalized at three in the morning. He was referred in a state of presentation to Investigation Office number 36 at the Judicial Counter Terrorism Division[4].
Belhaj was interrogated for the first time at around twelve forty five in the afternoon, during which he was charged under multiple articles of the Law on Combating Terrorism and Preventing Money Laundering (Articles 1, 3, 5 new, 10, 13 new, 14, 32, 35, 37, 40, 92, 93, 94, 95, 96, and 97), along with several provisions of the Penal Code (Articles 32, 61 bis, 62, 67, 68, 69, 70, 72, 131, and 132)[5]. According to his defense team, these charges were political in nature and aimed at restricting his right to political activity.
At the conclusion of the interrogation, the Investigating Judge issued a detention order transferring him to Mornaguia Civil Prison, where he was held pending trial in the case publicly referred to as the “Conspiracy Against State Security.”
During the following months, the defense team submitted several requests for his release, all of which were rejected by the judiciary. The first request was denied on 30 March 2023, followed by a second on 28 July 2023 and a third on 21 September of the same year. In response to his continued detention, Ridha Belhaj began a hunger strike from 26 September to 12 October 2023, protesting what he described as a judicial injustice and a violation of his right to a fair trial.
Despite the defense team’s efforts, the courts continued to reject requests for his release, issuing further refusals on 23 November 2023 and again on 11 January 2024. About a month later, Belhaj launched a second hunger strike, which lasted from 13 to 27 February 2024, to protest his ongoing arbitrary detention and the harsh conditions of his imprisonment.
On 12 April 2024, the investigating judge issued a decision closing the investigation and referring Ridha Belhaj, along with Ghazi Chaouachi and Jawhar Ben Mbarek, to the Indictment Chamber of the Judicial Counter-Terrorism Division.[6]
Twelve days later, on 18 April 2024, the defense committee for political detainees announced that the legal maximum for pre-trial detention—fourteen months under Tunisian law—had expired. This period had already been extended twice, each time by four months.
Despite the expiration of the statutory limit, the detention of the political detainees continued in clear violation of the law and of basic fair-trial guarantees. This prompted strong criticism from the defense team and from several legal experts, who described the continued detention as unlawful, given the mandatory nature of release once the maximum period for pre-trial detention has elapsed.[7]
On 4 March 2025, the first hearing was held before the chamber specializing in terrorism cases. The court decided to conduct the session remotely through videoconference, without allowing Ridha Belhaj or the other defendants to appear physically in the courtroom. Belhaj considered this measure arbitrary and a violation of his rights, insisting that the hearing be public and in-person to ensure his right to defense and to confrontation. As a result, the hearing was postponed to 11 April 2025[8].
On the previously scheduled date, the judicial authorities persisted in their decision to hold the hearing remotely, without bringing the defendants to the courtroom. The defendants refused to participate in what they viewed as a trial lacking the most basic guarantees of justice. The defense team nevertheless attended and presented arguments despite the absence of their clients.[9]
In the same context, the victim’s family reported that he was denied his right to medical care. He was not allowed to see a doctor or receive the medication he required. His family was also prevented from giving him a toothbrush and essential medicines, even though he was suffering from severe tooth pain.
Seven days after the previous hearing, on 18 April 2025, the Tunis Court of First Instance issued its ruling in the case. The judgment included 40 defendants, whose sentences ranged from 4 to 66 years in prison. Ridha Belhaj was sentenced to 18 years. [10]
On Thursday, 29 May 2025, Ridha Belhaj was transferred to the Siliana Civil Prison without any explanation. This transfer formed part of a series of arbitrary relocations affecting detainees in the so-called “conspiracy” case, during which prisoners were dispersed across different prisons in multiple governorates without informing their families or lawyers. In a message relayed through his lawyer, Belhaj confirmed that he had been moved forcibly, far from his family and legal counsel, and reiterated his commitment to his freedom and to the full exercise of his rights.[11]
Human Rights Violations
The arrest and prosecution of lawyer and political figure Ridha Belhaj constitute a sustained pattern of grave human rights violations that undermine core constitutional guarantees as well as Tunisia’s binding international obligations, including the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules).
Detaining Ridha Belhaj solely because of his political activity and opposition to the authorities violates his right to political participation and contradicts Article 20(2) of the Universal Declaration of Human Rights, which affirms the right to freedom of peaceful assembly and association. It also represents a profound breach of the right to freedom of expression. Article 19(1) of the ICCPR explicitly guarantees that “everyone shall have the right to hold opinions without interference,” including the freedom “to discuss public affairs, to organize peaceful assemblies and meetings, to criticize government actions and oppose them, to publish political articles, and to conduct electoral campaigns and advocate for political ideas.” The prosecution of Belhaj for exercising these very freedoms stands in direct violation of these international standards.
Furthermore, charging Belhaj with “conspiracy against state security” on the basis of political engagement amounts to criminalizing peaceful assembly and legitimate political participation — rights protected under Article 21 of the ICCPR. The reliance on counterterrorism legislation to reinforce these charges illustrates a pattern of systematic political targeting, reflecting a serious erosion of the rule of law and the principle of equality before the law.
In addition to the unlawful nature of his arrest, the treatment Belhaj has endured in detention — including prolonged pre-trial imprisonment and his arbitrary transfer from Mornaguia Civil Prison to Siliana Civil Prison without notifying his family or lawyers — constitutes a clear violation of basic prisoner rights. Such practices directly contradict Article 36 of the 2022 Tunisian Constitution, which affirms that “every prisoner has the right to humane treatment that preserves their dignity” and requires the state to “take into consideration the interests of the family when implementing custodial sentences and work towards the rehabilitation and social reintegration of prisoners.” The conditions of Belhaj’s detention, coupled with the denial of family and legal access, fall far short of these constitutional guarantees.
The treatment of Ridha Belhaj is also in direct contradiction with the United Nations Basic Principles for the Treatment of Prisoners, as articulated in United Nations General Assembly Resolution 45/111 of 14 December 1990. The resolution affirms that “all prisoners shall be treated with the respect due to their inherent dignity and value as human beings” and that “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 also underline the right of prisoners to participate in cultural and educational activities essential to the full development of their personality. Ridha Belhaj has been deprived of even the most basic forms of these rights during his detention.
The decision to hold court sessions remotely through video technology without allowing the accused to appear physically before the court constitutes a direct violation of the right to defense and the right to personal presence. This practice contradicts Article 33 of the Constitution of 2022, which states that “the accused is presumed innocent until proven guilty in a fair trial in which all guarantees of defense are ensured during all stages of investigation and trial.”
The continuation of Ridha Belhaj’s detention after exceeding the maximum legal duration for pre trial detention, which is fourteen months under Tunisian law, amounts to arbitrary detention. This violates both the Constitution and Article 9 of the International Covenant on Civil and Political Rights, which states that “everyone has the right to liberty and security of person” and that “no one shall be subjected to arbitrary arrest or detention.”
This unlawful extension of detention also infringes upon constitutional guarantees that judicial authorities are required to protect. These guarantees include Article 55 on limitations to rights and freedoms, Article 26 on the protection of individual liberty, and Article 35 which provides that “no person may be arrested or detained except in cases of flagrante delicto or pursuant to a judicial order, and the person must be immediately informed of their rights and of the charges against them, and has the right to appoint a lawyer, and the duration of arrest and detention shall be determined by law.” In addition, Article 124 guarantees “the right of every person to a fair trial within a reasonable time” and affirms the equality of all litigants before the judiciary.
Beyond international obligations, the continued detention of Ridha Belhaj contradicts well established Tunisian jurisprudence[12] which has repeatedly affirmed that release becomes mandatory once the maximum legal period of pre trial detention expires. This principle is reflected in several decisions of the Court of Cassation, including Decision number 576 of 5 April 2013, Decision number 777 of 5 June 2013, Decision number 81290 of 26 February 2019, and Decision number 86454 of 21 June 2019. These decisions state clearly that when the fourteen month maximum has elapsed and the case file remains with the investigating judge, the law requires the immediate release of the accused. If the file has been transferred to the Indictment Chamber after the expiration of this period, release is also mandatory. The courts have explained that holding a detainee beyond this legal deadline violates Article 85 of the Code of Criminal Procedure and undermines the fundamental constitutional principle of personal liberty. This position was reiterated in the Criminal Cassation Decision number 86454 of the year 2019.
The case of Ridha Belhaj represents a clear example of systematic political targeting affecting numerous political figures on the basis of their views. It constitutes a violation of fundamental civil and political rights and stands in direct contradiction with international and regional human rights standards, including the Universal Declaration of Human Rights and other instruments that guarantee the protection of human rights and require states to respect and uphold these rights for all individuals.
[1] Ridha Belhaj, post on his official Facebook page:https://www.facebook.com/story.php?story_fbid=717559249984244&id=100051905272170&rdid=c9FZbHNdJwTKpwE5#
[2] Al Qatiba, Video: “The Conspiracy Against State Security Case… The Missing Truth”.https://www.facebook.com/watch/?ref=saved&v=1232132498116663
[3] Al Qatiba, “Republic of Fear: How Tunisia Has Turned into a Vast Prison?”, 1 January 2024.
[4]Mentioned in Complaint submitted by the Defense Team ,https://www.facebook.com/photo/?fbid=282218038139340&set=pb.100090534368150.-2207520000
[5] First interrogation report for Ridha Belhaj, dated 25 February 2023.
https://www.facebook.com/photo/?fbid=126611610366651&set=pb.100090534368150.-2207520000
[6]Mentioned in a complaint submitted by the defense team.،
https://www.facebook.com/photo.php?fbid=388501674177642&set=pb.100090534368150.-2207520000&type=3
[7]“Seven Tunisian Law Professors: ‘Detainees in the Conspiracy Case Are in a State of Forced Detention,’” Legal Agenda, 24 April 2024,
https://legal-
agenda.com/%D8%A3%D8%B3%D8%A7%D8%AA%D8%B0%D8%A9-
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[8] Post published on Ridha Belhaj’s official Facebook page on 3 March 2025. https://www.facebook.com/share/p/17dgPPEph3/
[9]Phone call with Ridha Belhaj’s son on 23 October 2025.
[10] Jawhara FM, 2025, “Sentences Ranging Between 66 and 13 Years: Details of the Rulings in the ‘Conspiracy Case’,” published on 19 April, last accessed 3 November 2025.
[11] Facebook post by lawyer Mohamed Abbou containing a message from Ridha Belhaj.
https://www.facebook.com/watch/?v=1668175037169491
[12]Excerpt from a public statement issued by law professors, Tunis, 24 April 2024, titled “Release is Mandatory Under the Law.”
