Riadh Ben Fadhel - جمعية تقاطع

Summary

Riadh Ben Fadhel, a businessman and leading member of the Al Qotb party, has been detained since 14 November 2023 on charges of a financial nature raised in two cases. In the first case, he was sentenced at first instance to four years in prison and a fine, before the judgment was overturned on appeal and a financial settlement was reached. In the second case, several charges were brought against him on the basis of Article 28 of Decree-Law No. 54 of 2022, in addition to the provisions of the law on combating terrorism and preventing money laundering. This case has remained under investigation for more than two years, with a hearing set for 2 April 2026.

Personal Information

Name: Riadh Ben Fadhel.

Status: Political activist, businessman and general coordinator of the Al Qotb party.

Charges

Financial and banking charges.
Money laundering.
"Deliberately obstructing the course of an investigation by refusing to hand over computer data or the means of accessing it in order to read or understand seized data, or deliberately destroying or concealing it before its seizure", within the meaning of Article 28 of Decree-Law 54.

Status: Held in Mornaguia civil prison since 14 November 2023

Incidents of Violation

Riadh Ben Fadhel, a businessman and leftist political activist and leading member of the Al Qotb party, began to be prosecuted because of his opposition to the 25 July 2021 process, through tax investigations covering his companies and private property. After years of successive and repeated investigations, on 14 November 2023 he was arrested at Tunis-Carthage International Airport upon his return from abroad and taken to the El Aouina barracks to be questioned.

After hours of questioning, the Public Prosecution decided to place him in police custody, initially for 5 days at the Bouchoucha detention centre; the custody was then extended by a further 5 days without any charges being brought.

After 10 days, on 24 November 2023, the Public Prosecution decided to issue a committal warrant against him and transfer him to Mornaguia prison, opening two cases against him.

The first is a customs and banking case, in which numerous investigations and expert examinations were conducted. On 30 May 2024, the Sixth bis Misdemeanour Chamber, specialised in financial corruption cases at the Tunis Court of First Instance, sentenced Riadh Ben Fadhel to four years and six months in prison, with fines estimated at more than two million dinars.

On 2 April 2025, the Misdemeanour Chamber specialised in financial corruption cases at the Tunis Court of Appeal overturned the first-instance judgment sentencing him to prison and ruled that the proceedings be discontinued by virtue of the settlement.

In the second case, known as the "confiscated property case", a judicial investigation was opened in parallel with the first case against him and a number of other people, in connection with the purchase and acquisition of confiscated property that the Ministry of State Property and Land Affairs had put up for sale following a call for tenders. He was accordingly referred to the investigating judge, who issued a committal warrant against him.

In this case, a series of financial and computer-related charges were brought against him, namely money laundering under Organic Law No. 26 of 2015 on combating terrorism and preventing money laundering; attacking property; carrying out banking operations without a licence; violating the legislation on banks and financial institutions under Law No. 48 of 2016; failing to issue invoices; and violating tax legislation. The charges also include using one's position to obtain a benefit for oneself or for others, harming the administration and violating legal regulations, unlawfully disposing of public or private funds, and suspected embezzlement and fraud using forged documents, contracts or deeds, under Articles 32, 83, 96, 98, 99, 131 and 132 of the Penal Code.

In addition, he was charged with obstructing the course of the investigation by refusing to hand over computer data and the means of accessing it, and with unlawful access to information systems and reading seized data, under Article 28 of Decree-Law No. 54 of 2022 on combating offences relating to information and communication systems, which provides that "anyone who deliberately obstructs the course of an investigation by refusing to hand over computer data or the means of accessing it in order to read or understand seized data, or who deliberately destroys or conceals it before its seizure, shall be punished by one year's imprisonment and a fine of ten thousand dinars".

After a detention lasting more than two years without any final judicial ruling in the case, in serious breach of his right to be tried within a reasonable time, a first hearing was set for 9 February 2026, then for 26 February 2026, before being postponed to 12 March 2026, and finally to 2 April 2026.

Human Rights Violations

The prosecution of leftist political activist Riadh Ben Fadhel, a leading member of the Al Qotb party, began because of his opposition to the 25 July 2021 process, and included tax investigations targeting his companies and private property. He was subjected to repeated investigations over several years before being arrested on 14 November 2023 at Tunis-Carthage International Airport and taken for questioning without clear charges. He was first held in police custody for 5 days, and custody was then extended for a further 5 days without charges being brought. This constitutes a violation of the presumption of innocence enshrined in Article 27 of the Tunisian Constitution, which provides that "the accused is presumed innocent until proven guilty in a fair trial in which all guarantees of defence are ensured during the stages of prosecution and trial". It also contravenes Article 13 bis of the Code of Criminal Procedure, particularly with regard to the time limits for police custody and the obligation to inform the suspect of the charges against him.

Furthermore, his committal to prison on financial charges raises suspicions that these charges have a political background aimed at restricting his political activity.

In this context, the need to respect the principle of a fair trial and the presumption of innocence, without interference or pressure from the authorities in power, also arises, particularly in a political climate marked by restrictions on the opposition, especially since the wave of arrests that began in 2023, amid fears about the absence of fair trials. It should be noted that Riadh Ben Fadhel, the general coordinator of the Al Qotb party, had stated in several statements that what happened on 25 July 2021 was a coup against the Tunisian Constitution.

As regards the so-called "confiscated property case", the charges shifted from a financial to a computer-related nature because of Riadh Ben Fadhel's insistence on his constitutional right to the protection of personal data and the confidentiality of correspondence, as provided for in Article 30 of the 2022 Constitution, which affirms that "the State protects private life, the inviolability of the home, and the confidentiality of correspondence, communications and personal data", in connection with the application of Article 28 of Decree-Law No. 54 of 2022.

These cases have been marked by a multiplicity of charges and an expansive legal characterisation of the acts, in addition to lengthy judicial proceedings, which constitutes a breach of the fair trial guarantees that the state is bound to respect. Moreover, his detention and questioning for long periods without clear charges constitutes a violation of his right to a fair trial, as guaranteed by Article 14 of the International Covenant on Civil and Political Rights, including the presumption of innocence, prompt notification of charges and trial within a reasonable time.

In addition, there are suspicions that the judiciary is being used to settle scores with political opponents and to restrict freedom of expression, in violation of the principles of proportionality and necessity in legal proceedings, which places this case within the framework of legal and political violations of the fundamental rights of opponents in Tunisia.