Abir Moussi

On October 3, 2023, Abir Moussi, the leader of the Free Constitutional Party, was arrested after she headed to the presidential palace accompanied by the party’s lawyer and a notary justice with the aim of submitting a complaint to appeal the decisions made by the presidency regarding the local elections. When her request was rejected, she refused to leave the premises and proceeded to livestream on Facebook as a form of protest. This resulted in accusing her of intentional assault with the aim of changing the state body or inciting residents to attack each other with weapons, causing disturbance, murder, and robbery on Tunisian soil. This led to the issuing of a detention order against her on 5th October.

Personal Information

Name: Abir Moussi

Nationality: Tunisian

Occupation: President of the Free Constitutional Party 

Incidents of Violation

On October 3, 2023, Mrs. Abir Moussi, the president of the Free Constitutional Party, was arrested after heading to the presidential palace accompanied by the party’s lawyer and a notary justice with the purpose of submitting a complaint against the decisions of the presidential office regarding the local elections as well as determining territorial units, redistricting and regulating number of seats. After a long wait, she was informed that the registration office had rejected her requests. Therefore, in response, she started recording video clips in protest of the rejection. Subsequently, she was taken to the La Goulette police station and later detained at Bouchoucha Detention Center. On Thursday, October 5, 2023, the investigating judge issued a detention order against Abir Moussi. According to one of her defense lawyers, she is accused of several charges, such as intentional assault with the aim of changing the state body or inciting residents to attack each other with weapons, causing disturbance, murder, and robbery on Tunisian soil, as well as obstructing the freedom of work and processing personal data with the owner’s consent.

Attorney Nafaa Laaribi considered the case of his client to be fundamentally political. In a testimony to Intersection Association, he reported that the prison’s administration hindered her family’s visit procedures, as they refused to allow her youngest daughter to meet with her mother in spite of obtaining a visitation permit issued by the the judge that enables his client to meet her children. He also added that a digital crimes expert had been appointed to handle the case. On October 31, 2023, the victim was brought in for examination without informing her lawyers, and she was presented to the expert who was tasked with inspecting her phone and investigating its contents, hence the objection of the defense team to this procedure. The politician has been imprisoned for more than a month due to the charges filed against her.

Human Rights Violations

The arrest of the politician Abir Moussi represents a violation of human rights, especially since she was only practicing her rights as a Tunisian citizen, including her civil and political rights guaranteed by law. This violation also transgressed her right to defense, as the defense team was not allowed to meet with her during the detention period. Furthermore, her children were also not permitted to visit her in prison. Moreover, the attempt to access her phone and inspect its contents, as well as her interrogation without informing her lawyers and presenting her before the digital crimes experts, also constitutes a violation of her right to a fair trial, which is a right guaranteed by the Tunisian constitution and international laws.

Sources

Intersection Association for Rights and Freedoms documented this case after communicating with the victim’s lawyer, Attorney Nafaa Laaribi, and receiving his testimony on November 10, 2023.