Marouen Ben Chaabene

Summary

Marwen is a human rights defender and law student. On July 22, he participated in a protest that took place in Habib Bourguiba Avenue to denounce the referendum process and the constitution. He was beaten and detained for a whole day.

Personal Information

Name: Marwen Ben Chaabane

Nationality: Tunisian

Occupation: Human rights defender and activist with the General Union of Tunisian Students

Incidents of Violation

On July 22, 2022, Marwen was one of the participants in the protest movement condemning the referendum and President Kais Saied's constitution. The protest was suppressed by police forces that targeted a group of young individuals, among them Marwen, whose clothes were torn when he was arrested and taken to one of the vehicles parked in the area. He was then taken to the police station in Bab Bhar, where the protestors were subjected to verbal abuse, threats, and severe physical assault.  “When we entered the police station, we were asked to kneel and face the wall. They started filming us without our consent, and when we expressed our objection, they subjected us to more beatings and kicks. We had not been initially informed about where we would be taken until it was later revealed that we were held at a detention center in Al-Gorjani. Inside, there were only eight chairs for about eleven detainees, so many of us had to sit on the floor while we waited for hours. Initially, the National Agency for Prevention of Torture and Lawyers had been prevented from visiting us. Subsequently, they were allowed access to us after approximately eight hours of detention. We were interrogated from midnight until 4 in the morning, in poor conditions, without being offered food or water.” testified Marwen to Intersection Association. Later, Marwen and the rest of the detainees were taken for a medical examination, where they faced another type of violation as they were subjected to a genetic test without being informed or giving their consent.

On top of that, all of this time of detention was not authorized by the prosecution as required by law. Later, during their appearance in court, Marwen narrated the extent of harassment they had experienced from the security forces, who repeatedly threatened them with imprisonment and legal consequences. However, the investigations were eventually closed, and the case was dismissed; thus, the judge ordered the release of all the detainees.

Human Rights Violations

What happened to Marwen and the rest of the detainees constitutes a flagrant violation of human rights. Besides, suppressing the protest is a transgression of the right to peaceful assembly and protest, which is a fundamental right protected by various international laws and conventions. The right to protest is also guaranteed by the Tunisian constitution of 2014. In addition, the UN's fundamental principles regarding the use of force stipulate that law enforcement officials should use non-violent means to the extent possible before resorting to the use of force. This principle was not abided by in dealing with the protests on July 22, 2022, in terms of the number of police officers present and the form of repression of the protestors. Furthermore, the conditions of the arrest of the victim of the violation, Marwan, as narrated by him, constitute a form of torture and other forms of maltreatment prohibited by local law and international agreements that Tunisia is a party to. It also represents a blatant violation of Law No.5, which grants detainees the right to have a lawyer present during questioning and to be informed of the reason for their detention, as well as the right to inform their families or any person of the choice of their arrest by the police.

Sources

This case was documented based on the presence of Intersection examiners on the field on July 22, 2022, for examination of the violations against the protestors, as well as a phone call with the victim and his testimony.