Summary :
Following his announcement of presidential candidacy, Abdellatif Mekki faced a series of legal and security challenges, resulting in the rejection of his candidacy, despite the administrative court’s approval.
Personal Information:
Name: Abdellatif Mekki
Occupation: Secretary General of the Labor and Achievement Party
Case: Premeditated murder and the collection of endorsements in exchange for monetary compensation.
Violation Incidents:
Upon the National Council of the Labor and Achievement Party’s decision to nominate the party’s Secretary General “Abdellatif Mekki”, an announcement issued through an official statement on June 23,2024, and a press conference on June 26,2024, Abdellatif was summoned by El Ouardia police station on July 12, 2024, to appear before the investigation Judge, as a suspect in the case concerning the death of “Jilani Daboussi”.
The Deputy Secretary General of the Labor and Achievement Party informed Intersection Association for Rights and Freedoms that on July 8, 2024, three days after Abdellatif Mekki’s announcement of candidacy for the elections, the victim appeared before the investigating judge, during which the defense requested a postponement to review the case file.
Nevertheless, several measures were enacted against him, as the Dean of Investigative Judges at the Court of First Instance of Tunis issued a decision on July 12,2024 prohibiting Abdellatif Mekki from appearing on social media and the press. He was also restricted from leaving El Ouardia district where he lives, while being released on bail, until the investigation is complete.
Following the implementation of those measures against him, Abdellatif has been under security surveillance by the authorities, coinciding with the time when he was preparing for his electoral campaign and gathering endorsements.
In addition, the Deputy security general of the party mentioned that they had submitted four requests for a certificate of good conduct, crucial for their candidate’s application, yet they were all ignored by authorities. To address the matter, the victim filed a request to the Ministry of Interior on July 22,2024, to inquire about the delays, Nevertheless, his request was rejected by the investigating judge.
The security center in El Ouardia reached out on July 30, 2024. Upon arrival, Abdellatif was told to visit the technical police department in Beb Souika, he went there on Thursday, August 1,2024, and was asked to provide a “publication certificate” related to the case of “Jilani Daboussi”, returned on August 2,2024, with the required document, he was surprised to find out about their request to consult authorities concerning giving him the certificate of good conduct. Monday, August 5, 2024, following the victim’s return to check on the status of obtaining the certificate of good conduct, the department asked for a copy of the penal court judgement concerning the case of “Jilani Daboussi”. It’s worth mentioning that such a ruling is provided only after a final judgment has been issued in these cases.
Consequently, on August 6, 2024, a delegation from the party, along with a notary, visited to witness the denial of the certificate of good conduct to the victim. That same day, they submitted the candidacy file to the Independent High Authority for Elections, including a receipt for the certificate of good conduct request and all required documents, along with over 10,000 endorsements from 10 electoral districts.
During the specified days, there was continued monitoring of the victim that began on July 29, 2024. Abdellatif Mekki was called to appear before El Gorjani unit on July 30,2024, regarding a matter that concerns him. It was revealed on August1,2024, that the issue was related to a complaint from a citizen who accused the victim of collecting endorsements for monetary gain, which is classified as an electoral crime under Fundamental Law No. 16 of 2014, issued on May 26, 2014, concerning elections and referenda, under Article 116 which states: “Anyone proven to have provided cash or in kind gifts to influence voters, or who used similar means to persuade voters to refrain from voting, whether before, during, or after the election, shall be punished with imprisonment for two to five years and a fine ranging from 2,000 to 5,000 dinars. The court is obligated to rule that the candidate loses their membership in the House of Representatives and is permanently disqualified from running for office. Additionally, the voter who benefited from the gifts will be deprived of their right to vote for a full ten years starting from the date of the final conviction.”
Upon confronting the complainant, Abdellatif Mekki learned that the complaint had been withdrawn. However, just a few hours later, he was summoned to appear before the Court of first instance in Tunis regarding the same case.
On August 5, 2024, during the trial, the victim’s representatives requested the lawyers to postpone the ruling and to review the case. The court accepted the postponement.
However, just a few hours later, news spread on social media that the victim had been sentenced to 8 months in prison and banned for life from running for elections, which was later confirmed. On the same day, the court issued two rulings, one for postponement and the other for an 8-month sentence and a lifetime ban for candidacy.
The victim’s lawyer filed an appeal against the initial verdict, and during another session held on September 10, 2024, the initial ruling was reaffirmed.
After submitting all necessary documents, except for the certificate of good conduct which could not be obtained, the electoral case of the victim encountered a complication. On August 10, 2024, the Independent High Authority for Elections rejected the candidacy due to a lack of electoral districts, insufficient endorsements, and the missing certificate of good conduct. In addition, the authority invalidated 1,600 endorsements.
In response, the Labor and Achievement Party acted within 48 hours, collecting additional endorsements and adding another electoral district. Bringing the total to 17,220 endorsements across 159 out of 161 districts, with 11 districts surpassing the required 500 endorsements. Despite this, the authority still refused to accept the candidacy.
Consequently, the Labor and Achievement party filed an appeal within the administrative court against the Independent High Authority for Elections concerning the rejection of the candidacy file, in which the first session in the initial phase of the Administrative Court took place on August 17, 2024, where the appeal was accepted in form but rejected in substance, with the acknowledgment that the requirement of a good conduct certificate is not a valid reason for rejecting a candidacy file.
The Administrative Court held its appellate session on August 27, 2024, where it accepted the appeal both procedurally and substantively, thereby reinstating candidate Abdellatif Mekki in the electoral race. However, the Independent High Authority for Elections announced on September 2, 2024, in a press conference that it would not comply with the court’s decision.
As for the Premeditated murder case, it remained delayed by the court of first instance in Tunis, with a further postponement on September 17, 2024, and all current measures upheld.
Human Rights violations:
The actions taken against Abdellatif Mekki reflect a violation of his civil and political rights as outlined in international conventions and treaties. These delays and procedures imposed on him, effectively expose a Tunisian citizen to discrimination and indirect exclusion, depriving him of his right to vote or run for office due to his political views, in contradiction to Article 2 of the International Covenant on Civil and Political Rights that states “Each Member State to the present Covenant commits to uphold and guarantee the rights acknowledged to all individuals within its territory and jurisdiction, without discrimination of any kind, including distinctions based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or any other status.”
These actions align with the start of the initial phases of the presidential elections, in addition, Article 25 of the same Covenant further affirms that “Every citizen is entitled, without any of the distinctions referenced in Article 2, to exercise the following rights without unreasonable limitations:
- To take part in the conduct of public affairs, either directly or through freely chosen representatives,
- To vote and to be elected in fair elections conducted by universal and equal suffrage and held by secret ballot, ensuring the free expression of the will of the voters,
- To have, on equal terms with others, the opportunity to occupy public offices in his country.”
Furthermore, the Tunisian Constitution protects these rights for all citizens, as stated in Article 39 “The rights to vote, to be elected, and to run for office are guaranteed as determined by the law.”
The victim’s right to freedom of movement is violated by the measures taken to restrict movement beyond the territory of El Ouardia area, as guaranteed by Article 30 of the Constitution, which states that “every citizen has the freedom to choose their place of residence and to move within the country, and has the right to leave it” particularly during the electoral period for candidates in the presidential elections.
In addition, preventing the victim from appearing in the media constitutes a violation of the freedom of opinion and expression specified in Article 37, which states that “Freedom of opinion, thought, expression, media, and publication is guaranteed.”
The right to a fair trial is violated by the judicial proceedings characterized by delayed judgments, as stipulated in Article 14 of the International Covenant on Civil and Political Rights and Article 23 of the 2022 Constitution, which states that “Citizens are equal in rights and duties and are equal before the law without any discrimination” Additionally, Article 33 declares that “The accused is presumed innocent until proven guilty in a fair trial, where all defense guarantees are ensured during the investigation and trial phases.”
Additionally, the targeted approach of the series of prosecutions that began shortly before the presidential election period undermines the electoral landscape and the principles of free and transparent elections, contravening the foundations of the rule of law and democracy, affecting several candidates.
Sources:
Reaching out to the Deputy Secretary General of the party and reviewing several posts on the victim’s page, along with numerous press articles and statements from the Labor and Achievement Party.
conducting interviews with the Deputy Secretary General of the Labor and Achievement Party on July 24, 2024, and September 18, 2024.