Summary
Saadia Mosbah, a human rights activist and President of the association Mnemty, has been detained since 7 May 2024 in connection with her civil society and humanitarian activities. She faces several charges, including money laundering, illicit enrichment, failure to maintain proper accounting records, and forming a criminal association.
Taken together, these charges reveal a systematic approach aimed at criminalizing civil and humanitarian work and reflect a clear attempt to transform civil society activity into criminal cases, representing a serious setback for rights and freedoms.
Methodology
This research brief was prepared by Intersection Association for Rights and Freedoms based on a careful monitoring process that involved collecting and analyzing information from reliable media sources and organizing it chronologically and procedurally.
The Association also conducted an interview with Zied Rouine, Project Manager at Mnemty, on 22 January 2026, as part of its effort to clarify the various aspects of the case through primary sources.
The documented facts and procedures undertaken against Mosbah were examined in light of the Tunisian Constitution and the international instruments ratified by Tunisia, particularly those relating to freedom of civil society work and fair trial guarantees. The aim is to provide an objective human rights analysis highlighting the scope of the violations and the limits of the State’s obligations
Facts of the Case
The case of human rights activist Saadia Mosbah dates back to early May 2024, when her name and that of the association Mnemty emerged in the context of a large-scale incitement campaign on social media. The campaign was accompanied by hate speech and racist rhetoric and linked the association’s activities to allegations related to “settlement” policies and suspicious funding. This campaign unfolded within a broader political climate characterized by increasing accusations directed at civil society organizations and a growing hostility toward human rights and humanitarian work.[1]
On 6 May 2024, a judicial investigation was opened into the activities of the association Mnemty, targeting its president, Saadia Mosbah, several employees, and members of its administrative board. The following day, 7 May 2024, security forces raided both the association’s headquarters and mosbah’s residence. Saadia Mosbah was placed in custody, while the association’s Project Manager, Zied Rouine, was also detained and questioned before being released later the same day by the Central Unit for the Investigation of Complex Financial Crimes of the National Guard in El Aouina. In contrast, Saadia Mosbah was held in custody for five days pending investigation.[2]
On 8 May 2024, Ishrak Khadhra, a project manager at the association Mnemty, was summoned for questioning in connection with the same case, which involved a total of nine individuals, including Saadia Mosbah, Zied Rouine, and Ghofrane Binnous.[3]
On 10 May 2024, the Public Prosecutor at the Financial Judicial Pole authorized the extension of Saadia Mosbah’s custody for an additional five days.[4] During this period, she appeared before the Financial Judicial Pole, which declared itself incompetent to hear the case. The file was subsequently transferred to the Court of First Instance of Tunis 1.
On 13 May 2024, Ghofrane Binnous, the association’s former project coordinator, received a phone call summoning her to appear before the Central Unit for the Investigation of Financial Crimes in El Aouina on 14 May 2024 in relation to charges of illicit enrichment, money laundering, forming a criminal association, and failure to maintain proper accounting records.[5] She later appeared, on 16 May 2024, before both the Public Prosecutor and the Investigating Judge at the Court of First Instance of Tunis 1 and was released while the investigation continued.[6]
On the same day, Saadia Mosbah was questioned on the same charges. The Investigating Judge subsequently issued a detention warrant against her without prior interrogation. Investigations continued, and the defendants were questioned again on 22 May 2024 regarding charges of illicit enrichment, money laundering, forming a criminal association, and failure to maintain proper accounting records.
On 26 June 2024, the defendants were summoned to be informed of the appointment of a forensic accountant tasked with examining the association’s financial records and continuing the investigation into the case.[7]
On 7 November 2024, Saadia Mosbah was transferred from prison to the premises of the Court of First Instance of Tunis 1. However, she was not brought before the judge and remained in the holding room before being returned to prison. She was later informed that her pretrial detention had been extended by four additional months, after already having spent six months in detention.[8]
On 13 March 2025, the appointed forensic accountant submitted his report to the Investigating Judge, who decided on the same day to extend Saadia Mosbah’s detention for a further four months. The remaining defendants were summoned on 13, 14, and 16 May 2025 to review the expert report. They expressed their objections to its findings, and their lawyers submitted legal responses challenging the conclusions of the expert assessment[9]
The official forensic accounting report concluded that the funds received by the association were of known origin and limited in scope. It found no indicators of money laundering or unlawful financing, thereby confirming the legality of the association’s financial activities[10].
On 4 July 2025, the Investigating Judge issued a decision to close the investigation, dismissing the charges of money laundering and forming a criminal association against Saadia Mosbah. The remaining charges were limited to alleged illicit enrichment and failure to maintain proper accounting records. All charges against the other members of the association were dismissed. However, the Public Prosecutor appealed the decision to close the investigation[11].
On 15 July 2025, the Indictment Chamber issued an appellate decision returning the case to its starting point and reinstating the same charges, while expanding the referral to once again include all members of the association. This decision prolonged the proceedings and effectively reopened the case, leaving Saadia Mosbah under continuous judicial prosecution for more than a year and a half, until the first trial hearing was scheduled for 22 December 2025.
This case unfolds within a broader context marked by an increase in prosecutions targeting civil society actors, raising serious concerns about the limits imposed on human rights work, the independence of the judiciary, and the guarantees of a fair trial in cases related to public freedoms and associative activities.[12]
On 22 December 2025, the first hearing in the case concerning the association Mnemty took place before Criminal Chamber No. 44 of the Court of First Instance of Tunis.[13] The court decided to postpone the hearing until 26 February 2026, pending the decision of the Court of Cassation on the appeal submitted by the defense against the decision of the Indictment Chamber. The court also rejected the request for the release of Saadia Mosbah.[14]
In the meantime, Saadia Mosbah has been facing difficult detention conditions, particularly following her transfer from the Women’s Prison in Manouba to Belli Prison in the governorate of Nabeul. On 3 September 2025, she addressed a message to the public from prison describing her situation. In her statement, Mosbah indicated that she suffers from thirst due to the lack of cold drinking water in the prison and from hunger as dinner is served as early as 4:00 p.m.
She also indicated that she had been deprived of her right to freely choose books, noting that those sent to her often arrived only after several months. In her message, she called for guarantees of her right to a fair trial and for the restoration of her right to receive direct visits from all members of her family.[15]
Human Rights Violations
The case of Saadia Mosbah reveals a troubling pattern of serious human rights violations. These violations began with her prolonged and unjustified detention. She was arrested on 7 May 2024 and has since spent more than fourteen months in detention. This constitutes a clear violation of the right to personal liberty and protection from arbitrary detention, rights guaranteed under Article 43 of the 2022 Constitution of the Tunisian Republic, as well as Article 9 of both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
This process has been accompanied by an official discourse that criminalizes anyone intervening in the case, without distinguishing between legitimate human rights work and allegations framed in political or security terms. The case has also been accompanied by a broad media incitement campaign that contributed to tarnishing the activist’s reputation and justifying her imprisonment, despite the absence of evidence substantiating the charges against her. The use of legislation related to counter-terrorism and anti-money laundering frameworks in the context of her arrest and detention raises serious concerns regarding the violation of her civil rights.
Article 33 of the 2022 Constitution of the Tunisian Republic enshrines a fundamental principle stating that “a defendant is presumed innocent until proven guilty in a fair trial in which all guarantees of defense are ensured during all stages of prosecution and trial.” However, this constitutional safeguard has not been respected in Saadia Mosbah’s case. She remains in detention, in clear violation of the presumption of innocence and the most basic guarantees of a fair trial as provided for in the Constitution and international human rights instruments.
Moreover, the continuation of her detention for such an extended period, despite the possibility of her remaining at liberty during the proceedings, constitutes a violation of her right to liberty and personal security. It also undermines the essence of fair trial guarantees, which should be based on concrete evidence and clearly defined acts. This situation further breaches the principle of proportionality that should guide criminal proceedings, raising serious legal and ethical concerns regarding the State’s compliance with its obligations to protect fundamental rights.
It should also be noted that the targeting of Saadia Mosbah occurred following a campaign of incitement and hate speech, which was followed by the opening of a judicial investigation that focused more on the nature and objectives of the association’s activities than on establishing individual criminal conduct. In this context, human rights work itself was effectively framed as criminal behavior.
This situation constitutes a direct infringement on freedom of association and freedom of expression and amounts to the effective criminalization of civil and humanitarian activities. Such measures are in clear contradiction with Article 40 of the 2022 Constitution of the Tunisian Republic, which guarantees freedom of civil society activity. They are also inconsistent with Article 22 of the International Covenant on Civil and Political Rights, which recognizes the right of every individual to freedom of association, including the right to form and join associations. This right may only be restricted by lawful measures that are necessary in a democratic society and justified by specific legitimate purposes.
The information regarding the conditions of Saadia Mosbah’s detention also raises serious legal and human rights concerns, particularly because they appear inconsistent with national and international standards governing the rights of persons deprived of their liberty.
Under the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), prison administrations are required to ensure humane treatment that respects the inherent dignity of every person. Rule 22 stipulates that prisoners must be provided with adequate food of sufficient nutritional value and served at appropriate times, as well as access to safe drinking water whenever needed. Accordingly, suffering from thirst due to the absence of cold drinking water, or remaining for extended periods without food because dinner is served very early, constitutes a failure to comply with this rule.
Rule 58 further affirms the right of prisoners to maintain regular contact with their families through visits and correspondence. Any unjustified or unexplained restriction of this right is inconsistent with international standards. In addition, Rule 64 emphasizes the importance of providing prisoners with access to books and encouraging reading within places of detention. The deprivation of Saadia Mosbah’s ability to choose books, or the prolonged delay in granting her access to them, therefore contradicts the rehabilitative purpose of detention and undermines the right to intellectual development in custody.
At the level of international human rights law, Article 10 of the International Covenant on Civil and Political Rights provides that all persons deprived of their liberty must be treated with humanity and with respect for the inherent dignity of the human person. Any detention conditions that adversely affect health or fail to meet the minimum requirements of humane living standards may therefore constitute a violation of this provision. Moreover, Article 14 of the same Covenant guarantees the right to a fair trial before a competent, independent, and impartial tribunal. In this context, Mosbah’s demand for guarantees of a fair trial is directly linked to Tunisia’s international human rights obligations.
[1] Interview with Ziad Rouine, 28 January 2026.
[2] Tunisie Telegraph, “Reports of the arrest of Tunisian activist Saadia Mosbah,” 7 May 2024, last accessed 17 February 2026.
[3]Interview with Ziad Rouine, 28 January 2026.
[4]Al Chourouk, “Extension of Saadia Mosbah’s police custody for five days,” 11 May 2024, last accessed 17 February 2026.
[5]Interview with Ziad Rouine, 28 January 2026.
[6]Mosaique FM, “Saadia Mosbah remains in detention under a prison warrant,” 22 May 2024, last accessed 17 February 2026.
https://share.google/1pwwIhvZETs8fQioK
[7]Interview with Ziad Rouine, 28 January 2026.
[8]Interview with Ziad Rouine, 28 January 2026.
[9]Interview with Ziad Rouine, 28 January 2026.
[10]Interview with Ziad Rouine, 28 January 2026.
[11]Against the Criminalization of Civil Society Work, Public Statement by Mnemty Association, 21 December 2025, last accessed 17 February 2026.
https://www.facebook.com/share/p/1AXqfX5poD/
[12]Against the Criminalization of Civil Society Work, Public Statement by Mnemty Association, 21 December 2025, last accessed 17 February 2026.
https://www.facebook.com/share/p/1AXqfX5poD
[13]Al Chourouk, “Today: Tunis Court of First Instance Examines the Case of Saadia Mosbah,” 22 December 2025, last accessed 22 December 2026.
[14]Bab Net, “Refusal to Release Mnemty Association President Saadia Mosbah and Postponement of Her Trial,” 22 December 2025, last accessed 17 February 2026.
https://www.babnet.net/rttdetail-320687.asp
[15]Against the Criminalization of Civil Society Work page, “Saadia Mosbah’s Letter,” 21 October 2025, last accessed 17 February 2026.
https://www.facebook.com/photo?fbid=122144164562720966&set=pcb.122144164658720966
