Summary:
Jasser Saiid, a 22-year-old second-year university English student, has been under psychiatric care since 2020. On August 20, 2025, he was arrested at his home following a raid carried out by the counter-terrorism unit in El Aouina. His family was not informed of his whereabouts, and his lawyer was denied access during the investigation.
During police custody, he was forced to sign statements without being allowed to read them, which negatively impacted his mental health. He remained in custody for 15 days before a detention order was issued, placing him in prison for three months, further worsening his condition.
On January 27, 2026, a psychiatric report confirmed that he lacked criminal responsibility and required compulsory hospitalization. Accordingly, the public prosecutor at the judicial counter-terrorism pole of the Tunis Court of First Instance decided to drop the charges due to the absence of criminal liability and ordered mandatory psychiatric hospitalization. However, at the time of documentation, this decision had not been implemented, and Jasser Saïd remains detained in prison.
Personal Information:
Name: Jasser Saiid
Age: 22
Nationality: Tunisian
Region: Ariana
Violation: Arbitrary detention due to the failure of a judicial decision ordering compulsory hospitalization despite the absence of criminal responsibility.
Violation Incidents:
Following a social media post published by Jasser Saiid, his home was violently raided on August 20, 2025, by the counter-terrorism unit in El Aouina. His mobile phone was confiscated, along with religious books belonging to his mother, according to her testimony.
The raid caused severe psychological trauma to his 10-year-old younger brother, who subsequently showed signs of distress, including refusing to attend school and leaving the house, requiring psychiatric care.
He was taken away without informing his family of his location, forcing his mother to search for him across multiple police stations.
During custody, his mother reported that he was coerced into signing statements he had not made and was subjected to physical abuse when he refused. On August 21, 2025, he was also denied access to his lawyer and deprived of family visits for a period of 15 days.
After 15 days of detention without legal counsel, a detention order was issued against him for three months on charges of “glorifying terrorism” under Article 31 of Organic Law No. 26 of 2015.
It is important to note that Jasser suffers from severe psychiatric conditions, including bipolar disorder, and has been under specialized medical care since 2020. His condition deteriorated during detention, including episodes of psychological breakdown.
Following a psychiatric evaluation at the military hospital in Tunis, a report issued on January 27, 2026, confirmed that he lacked criminal responsibility and required compulsory hospitalization.
Based on this, the investigation was closed the same day, and all charges were dropped due to the absence of criminal liability, pursuant to Article 38 of the Penal Code. A formal certificate confirming the dismissal of the case was issued by the public prosecutor on February 23, 2026.
Additionally, the investigating judge at the counter-terrorism judicial Pole informed the Minister of Health of the compulsory hospitalization order on January 27, 2026.
However, when his mother visited the Mornaguia prison on January 28, 2026, she was told he had been transferred to Razi Hospital. Upon going there, she was informed that such hospitalization decisions had not been implemented for years, and she reportedly faced mistreatment from hospital administration while seeking information.
Despite more than three months having passed since the confirmation of his lack of criminal responsibility, Jasser remains arbitrarily detained in prison, deprived of his liberty, education, and direct contact with his family, without legal basis.
Human Rights Violations:
The case reveals a pattern of serious human rights violations, going beyond isolated procedural breaches to reflect a broader infringement of fundamental rights guaranteed both nationally and internationally.
The violent raid of his home constitutes a clear violation of the right to privacy and the inviolability of the home, as protected under Article 12 of the Universal Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights, as well as Article 24 of the 2022 Tunisian Constitution.
The coercion, forced confession, and alleged physical abuse violate the prohibition of torture and ill-treatment, as enshrined in Article 5 of the Universal Declaration of Human Rights, Article 7 of the ICCPR, and Article 23 of the Tunisian Constitution, which also invalidates confessions obtained under duress.
Fair trial guarantees were also breached, particularly through denial of access to legal counsel and coercion into self-incrimination, in violation of Article 14 of the ICCPR and Article 35 of the Constitution.
Failure to inform the family of his whereabouts constitutes a violation of the right to liberty and security, as guaranteed by Article 9 of the ICCPR and Article 29 of the Constitution.
Given his mental health condition, the lack of adequate medical care during detention violates the right to health under Article 12 of the International Covenant on Economic, Social and Cultural Rights and Article 47 of the Constitution.
The continued detention despite a medical finding of no criminal responsibility and a judicial decision ordering compulsory hospitalization constitutes arbitrary detention, in violation of Article 9 of the ICCPR and Article 29 of the Constitution.
His continued detention also deprived him of his right to education, violating Article 26 of the Universal Declaration of Human Rights and Article 48 of the Constitution.
Furthermore, restricting family visits without a clear legal justification violates his right to family life and dignity, as protected under Article 17 of the ICCPR and international standards such as the Nelson Mandela Rules, as well as Article 23 of the Constitution.