Intersection Association for Rights and Freedoms expresses its deep concern over the injury sustained by 19-year-old Adem Noubigh to his eye on the evening of Saturday, 22 August 2026, after being struck by a tear gas projectile during protests in the city of Ben Guerdane following the deaths of several young people who drowned after a boat sank at sea.

According to the information available, the protests were marked by clashes between security forces and protesters, during which security forces used tear gas. At around 10:00 PM, Adem Noubigh was returning from work, according to his family, when he was struck in the eye by a tear gas projectile.

Adem was taken the same day to a private clinic in Ben Guerdane to receive medical treatment before being transferred to the Medenine Regional Hospital and subsequently to Habib Bourguiba University Hospital in Sfax due to the severity of his injury. According to his family, the injury resulted in the loss of sight in his affected eye. As of the date of documentation, he remains hospitalized at Habib Bourguiba Hospital in Sfax, where he continues to receive treatment.

Given the severity of the injury and the resulting loss of sight, this case raises serious concerns regarding the circumstances surrounding the use of tear gas during protests and whether its use complied with the legal and human rights standards governing the use of force. The case is particularly concerning given Adem Noubigh’s family’s account that he was returning from work when he was injured.

Article 25 of the 2022 Constitution of the Republic of Tunisia guarantees the protection of human dignity and the inviolability of the human body and prohibits moral and physical torture. Article 43 guarantees the right to health. Article 42 guarantees the right to peaceful assembly and protest, which requires the protection of people present in and around protest sites and that they not be unnecessarily or disproportionately exposed to risks affecting their physical safety.

The United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials require the use of force to be governed by the principles of legality, necessity, proportionality, precaution, and accountability. They also require law enforcement officials to use non-violent means before resorting to force. Where the use of force cannot be avoided, law enforcement officials must exercise restraint, minimize damage and injury to the greatest extent possible, and respect and preserve human life and physical integrity, while ensuring that injured persons receive assistance and medical care at the earliest possible opportunity.

Given that Adem Noubigh’s injury resulted in the loss of sight in his affected eye, according to the information available, the resulting harm is severe and permanent. This requires an immediate and thorough examination of whether the principles of legality, necessity, proportionality, and precaution were respected in the use of force during the protests in Ben Guerdane.

Accordingly, Intersection Association for Rights and Freedoms calls on the Tunisian authorities to:

• Launch an immediate, independent, impartial, and effective investigation into the circumstances surrounding Adem Noubigh’s injury, including identifying the source of the tear gas projectile that struck him, the circumstances in which it was fired, and the authority responsible for its use.
• Determine whether security forces complied with the principles of legality, necessity, proportionality, and precaution when using force during the protests in Ben Guerdane.
• Ensure accountability for anyone found responsible for any unlawful or excessive use of force, in accordance with the law, and ensure that impunity is not permitted.
• Guarantee Adem Noubigh’s right to treatment and necessary healthcare and ensure continued medical care, including any medical interventions and rehabilitation required as a result of his injury.
• Guarantee Adem Noubigh’s access to effective remedies and reparation for the injury and the resulting loss of sight.
• Ensure respect for the right to peaceful assembly and protest and take all necessary measures to protect protesters, passers-by, and other persons in the vicinity of protests from the risks associated with unnecessary or disproportionate use of force.
• Take all urgent measures to preserve evidence and information related to the incident, including video recordings, surveillance-camera footage, information concerning the deployment of security units, and the means and equipment used, and ensure that such evidence is not destroyed or altered in a manner that could affect the investigation.

The Association stresses that protecting the right to peaceful assembly and protest is not incompatible with the need to maintain public security. Rather, law enforcement during protests must be carried out in accordance with the principles of legality, necessity, proportionality, and precaution, while protecting people’s safety and dignity.

Intersection Association further emphasizes that the severity of the injury sustained by the victim requires a serious and transparent response from the authorities,not only to guarantee the victim’s rights, but also to prevent similar incidents from recurring and to review practices governing the use of force during protests in a manner that protects lives and physical integrity and respects the right to peaceful protest.