Summary:
Imed Mhawech, a 36-year-old Tunisian citizen from Monastir Governorate, was arrested on 13 March 2024 and detained at Monastir Civil Prison to serve a prison sentence in connection with a criminal case. After several weeks of detention, his family observed a serious deterioration in his health, including paralysis and visible signs of violence on his body. There were also allegations that he had been subjected to torture and ill-treatment in prison, based on statements made by Imed himself and on what his mother observed during her visits.
On 6 May 2024, Imed Mhawech died at Fattouma Bourguiba Hospital in Monastir following a severe deterioration in his health, under circumstances raising serious concerns regarding possible violence and ill-treatment and the alleged failure to provide him with adequate medical care. Although an investigation into his death was opened, the information available as of the preparation of this documentation has not established the circumstances of his death, identified those responsible, or resulted in accountability for any potential perpetrators.
Personal Information:
Name: Imed Mhawech
Nationality: Tunisian
Age: 36
Status: Citizen
Region: Monastir
Date of death: 6 May 2024
Violation Incidents:
Imed Mhawech was arrested and detained at Monastir Civil Prison, where he was sentenced to nine months in prison on 13 March 2024 in Case No. 7395/2024 before the Misdemeanour Division of the Monastir Court of First Instance. He later appealed the judgment.
According to the available information, his family was not informed of his arrest, trial, or the judgment handed down against him. They only learned of his whereabouts after receiving a phone call from the prison administration informing them that he was serving his sentence and inviting them to visit him.
On 23 April 2024, Imed’s mother went to the prison to visit him for the first time since his arrest. According to her testimony, she was shocked by the severe deterioration of his health, despite him reportedly being in good health before his arrest. She found him in a wheelchair, unable to move, suffering from paralysis in both legs, severe headaches, continuous bleeding from his mouth, and visible signs of violence on his body. His mother reported that she lost consciousness and fainted during the visit.
On 24 April 2024, Imed’s mother filed a complaint with the Public Prosecutor at the Monastir Court of Appeal, requesting that the necessary legal measures be taken, that her son undergo an urgent medical examination, and that an investigation be opened to identify those responsible for assaulting him and hold them accountable.
In this context, Imed appeared before the President of the Monastir Court of Appeal in a wheelchair and stated that he had been subjected to violence and torture by prison officers. He was subsequently referred to Fattouma Bourguiba Hospital in Monastir for the necessary examinations. However, according to his mother, he was taken to the hospital and discharged shortly thereafter, without, according to her testimony, actually being allowed to see a doctor or receive the necessary medical care.
In late April 2024, his family was able to visit him again in prison as part of the weekly visits and, according to the available information, confirmed that he remained in critical health. This was the last time his family was able to see him, as they were subsequently prevented from visiting him on the grounds that he was refusing to see them and had gone on hunger strike.
On 6 May 2024, Imed Mhawech died at Fattouma Bourguiba Hospital in Monastir, following weeks of severe health deterioration observed by his family during his imprisonment and under circumstances raising concerns regarding possible violence and ill-treatment and the alleged failure to provide him with adequate medical care.
Although the Public Prosecutor’s Office opened an investigation into his death, the available information indicates that, as of the preparation of this documentation, the circumstances surrounding his death have not been established, nor have those potentially responsible been identified or held accountable.
Human Rights Violations:
The documented facts concerning Imed Mhawech raise serious concerns regarding violations of his right to physical integrity and human dignity, as well as the prohibition of torture and other cruel, inhuman, or degrading treatment or punishment. These concerns are based on the clear signs of violence observed by his mother on his body and the severe deterioration in his health, as well as Imed’s own statement before the President of the Court that he had been subjected to violence and torture by prison officers. The treatment of persons deprived of their liberty is subject to the State’s obligation to respect their dignity and physical integrity, particularly as detainees remain under the responsibility of the detaining authorities. Article 25 of the 2022 Tunisian Constitution protects human dignity and the inviolability of the body and prohibits physical and moral torture, while Article 36 guarantees every prisoner the right to humane treatment that preserves their dignity. These safeguards are consistent with Article 7 of the International Covenant on Civil and Political Rights (ICCPR) and Article 5 of the Universal Declaration of Human Rights, in addition to the obligations arising from the Convention against Torture and the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).
The circumstances surrounding Imed’s deteriorating health and the alleged failure, according to his mother’s testimony, to provide him with effective medical examination and necessary care when he was referred to Fattouma Bourguiba Hospital also raise concerns regarding a possible violation of his right to health, as well as the authorities’ duty to provide healthcare to persons deprived of their liberty. Article 43 of the 2022 Tunisian Constitution guarantees the right to health and requires the State to ensure prevention and healthcare and provide the necessary means to guarantee the safety and quality of health services. Rule 24 of the Nelson Mandela Rules likewise requires prisoners to receive healthcare of a standard equivalent to that available in the community. Given the seriousness of the health condition described in the testimonies, the alleged failure to provide an adequate medical response raises, at a minimum, concerns regarding a failure to meet the duty of care owed to persons deprived of their liberty.
The death of Imed Mhawech while under State responsibility, following a severe deterioration in his health and amid allegations of violence, torture, and a lack of necessary medical care, also raises concerns regarding the right to life and the State’s duty to protect it. Article 24 of the 2022 Tunisian Constitution guarantees the right to life, while Article 6 of the ICCPR protects this right. These obligations are particularly significant when a death occurs in custody, requiring clarification of the circumstances surrounding the death and determination of whether it resulted from acts or omissions attributable to responsible individuals or authorities.
The information indicating that Imed’s family was not informed of his arrest, trial, or conviction, and only learned of his whereabouts after being contacted by the prison administration, also raises issues concerning the right of persons deprived of their liberty to communicate with their families and the safeguards intended to protect them from violations during detention. Article 36 of the 2022 Tunisian Constitution, in regulating the implementation of custodial sentences, provides for the State to take the interests of the family into consideration. The Nelson Mandela Rules also contain safeguards concerning prisoners’ communication with their families and the preservation of their social ties.
The subsequent denial of family visits on the grounds that Imed was refusing to see them and had gone on hunger strike raises additional concerns regarding the family’s ability to monitor his health and remain informed about the conditions of his detention, particularly in light of the deterioration in his health that preceded this period.
The fact that, as of the preparation of this documentation, the circumstances surrounding Imed Mhawech’s death have not been established and no responsibility has been determined or accountability secured, despite an investigation having been opened into his death, also raises questions regarding the authorities’ compliance with their duty to conduct an effective investigation into the death of a person in custody and allegations of torture and ill-treatment. The prohibition of torture, together with the protection of the right to life, requires effective investigative measures where there are serious allegations that a person in custody has been subjected to violence or torture. Such measures should allow the facts and responsibilities to be established and ensure the family’s right to know what happened.
Based on the available facts, the causes and circumstances of Imed Mhawech’s death, as well as any potential responsibility, remain to be determined through the competent medical and judicial investigations and procedures.