Mahdi Zagrouba

Summary

Mehdi Zagrouba is a Tunisian lawyer who was referred to the Military Court in what is known as the “Airport Case.” He was sentenced to 11 months in prison and prohibited from practicing the profession of a lawyer for a period of 5 years.

Personal Information

Name: Mehdi Zagrouba

Nationality: Tunisian

Occupation: Lawyer

Incidents of Violation

Mehdi Zagrouba was imprisoned due to his presence in Tunis-Carthage Airport on March 15, 2023, in what is known as the “Airport Case.” Initially, the events of the case took place on March 15, 2022, when a woman was prevented from leaving Tunisian territory due to her name being on the list of individuals banned from traveling based on border restrictions. At that moment, the woman contacted the members of the Coalition of Dignity, who immediately went to the scene to examine the situation, which led to a dispute between them and the Police of Borders, which escalated into clashes between the members of the parliament and security personnel. As a result, the Security Union filed a complaint against them, accusing them of trespassing in airport-restricted areas and assaulting security officers while they were performing their duties. On the other hand, the parliamentarians argued that they were carrying out their supervisory duties and seeking justice for an oppressed woman. Similarly, Attorney Mehdi Zagrouba stated that he was executing his task by representing the woman at the airport’s administration following the conflicts with airport security; hence, they filed a complaint. Subsequently, an investigation was opened, and the civilian judiciary took charge of the case after an interrogation was conducted by the Profesuction Office at the Court of First Instance in Tunis. A month later, the case was referred to the Military Justice after adapting the case’s findings to be considered a conspiracy against the internal security of the state. According to Mehdi’s statement on his personal Facebook page, he was personally pursued after a military investigating judge had demanded the investigating judge add his name to the report of July 2021 for investigation. On Saturday, July 31, 2021, Mehdi Zagrouba was placed directly under investigation without a legal summons or being informed that he was the subject of a criminal investigation.

On August 2, 2023, the victim of the violation, Mehdi Zagrouba, visited the headquarters of the National Lawyers’ Association at the Palace of Justice to file a complaint and report the matter to the Regulatory Bodies. Consequently, police forces surrounded the courthouse and attempted to enter the headquarters of the National Lawyers’ Association. This incident was met with rejection by the Public Prosector’s Office at the Court of First Instances in Tunis and the Tunisian Young Lawyers Association. Therefore, the investigating judge agreed to reconsider those actions that violated the legal texts and respect for the law, the measures were all withdrawn, and Mehdi was allowed a legal summons to appear before the investigating judge by Article 68 of the Penal Code. On December 2, 2021, Mehdi Zagrouba was interrogated by the investigating judge who, on the same day, issued an arrest warrant without hearing his side of the story. Mehdi considered this a flagrant violation of the provisions of Article 72 of the Journal of the Criminal Procedure. The Military Prosecution Department had decided later to release him on December 15, 2021. Later on, the investigating judge decided to close the case and preserve the charge of conspiracy against the internal state security that was filed against him by the military prosecutor. On January 20, 2023, The Military Court of Appeal issued its verdict, sentencing Attorney Mehdi Zagrouba to 11 months in prison and prohibiting him from exercising his profession for years.

Human Rights Violations

Tunisia has witnessed an excessive resort by the Tunisian authorities to military justice to indict its political opponents, particularly after July 25, 2021, the date when President Kais Saied assumed control of the state and acquired extensive powers. As a result, most of the investigations conducted by Military Courts and the verdicts issued against civilians have included journalists, bloggers, politicians, and lawyers who expressed their opposition to the policies adopted by President Kais Saied and criticized the path Tunisia has taken since July 25. It is evident that in every military trial of a civilian, a fundamental human right is violated. In fact, the presentation of a civilian before the military court is an apparent violation of the right to a fair trial, including the right of citizens to equality before the law. This right is guaranteed by the Tunisian constitution under Article 33, which stipulates that “the accused is innocent until proven guilty in a fair trial, in which all defenses safeguards are provided during the investigative and trial phases.” Additionally, it is also guaranteed by Article 10 of the Universal Declaration of Human Rights mandates that “Article 10 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, military trials of civilians are a form of oppressive actions taken by the Tunisian authorities, especially after July 25, 2021. Intersection Association notes that the Military Judiciary does not comply with the requirements of independence as stipulated in the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, as well as underscores that International Law opposes trying civilians in Military Courts. According to the UN Human Rights Committee, civilians shall not be tried by the Military Courts, especially in cases where ordinary courts are incapable of fulfilling their roles, whereas Civil Judiciary Courts are still functioning within the state. This is clearly stipulated in the United Nations principles for the protection of human rights and the prevention of impunity, emphasizing that the role of Military Courts should be limited to cases involving military personnel only.

Sources

This case was documented based on the official statements of the defense team for Mehdi Zagrouba, the post prior to submitting the verdict issued against him, and several newspaper Articles and official statements.