Rached Khiari

Summary

Rached Khiari, a former member of parliament, has been detained since 3 August 2022 in cases linked to social media posts, and received several prison sentences under Article 86 of the Telecommunications Code in proceedings marred by breaches of fair trial guarantees.

Although he was released at earlier points, he was re-arrested in new cases, while his health deteriorated seriously during his imprisonment due to a lack of necessary medical care, despite suffering from cancerous tumours requiring urgent treatment.

Personal Information

• Name: Rached Khiari
• Age: 42
• Status: Former member of the 2019 Parliament and editor-in-chief of the Assada news website
• Nationality: Tunisian
• Governorate: Tunis

Charges

“Harming others through the public telecommunications network” under Article 86 of the Telecommunications Code.

Incidents of Violation

Rached Khiari was arrested on 3 August 2022 and placed in police custody on the basis of four search warrants issued against him by the Tunis Court of First Instance, the Tunis 2 Court and the Military Court. He was convicted in all the cases brought against him, most of which were referred on the charge of “harming others through the public telecommunications network” under Article 86 of the Telecommunications Code, and received several prison sentences ranging from three months to one year.

According to his lawyer's testimony, he was deprived of a number of his rights, most notably the right to defence, as two hearings were scheduled on the same day, one before the military judiciary and the other before the Tunis Court of Appeal. Although the defence pleaded before the Military Court, the Court of Appeal considered him absent, even though he was in detention and could have been brought to the courtroom; it upheld the first-instance ruling and rejected the request for postponement.

On 29 August 2024, the administration of Rabta Prison released him after he had served his full sentence. However, according to his lawyer, he was taken by officers from a security district and held in custody, before the Public Prosecution later ordered that he be kept at liberty.

Shortly after his release, while he was starting treatment for illnesses that had worsened as a result of his prison conditions, a search warrant was issued against him on the night of Friday 27 September 2024 in another case, on the basis of an appeal ruling sentencing him to six months in prison. He was arrested the very next day, without the defence team being informed of the ruling. His lawyer states that the complainant had waived the right to prosecute since 29 May 2024, and that the trial took place without pleadings or questioning of the person concerned.

On 10 April 2026, a judgment hearing was held in case no. 1908/2025, after the court had rejected the request for postponement at the hearing of 3 April 2026. This case concerns a post he published on Facebook, for which he was charged under Article 86 of the Telecommunications Code, the same charge on which he is being prosecuted in other cases that remain procedurally stalled.

Rached Khiari regained his freedom on 22 November 2025, after serving the full term of his previous sentences, which amounted to one year, one month and 25 days.

As regards his health, the information indicates that his detention conditions amounted to a form of abuse, as he was not provided with the necessary medical care, despite having been transferred to Rabta Prison because of its proximity to hospitals. Testimonies also pointed to a misdiagnosis of his condition lasting nearly a year, which led to the illness worsening and reaching advanced stages.

In a medical report dated 27 June 2025, his treating physician confirmed that his condition required immediate treatment, including chemotherapy and urgent surgery, given the progression of tumours in the chest and skin. Despite this, his appointment at Salah Azaiez Hospital was cancelled without justification and without a new appointment being set. The report also stressed the need to provide appropriate health conditions, including constant hygiene and cotton clothing, as well as the psychological support necessary for the course of treatment.

Accordingly, Rached Khiari is currently in a delicate health situation, receiving treatment for illnesses that worsened under prison conditions, which cause him repeated pain and suffering.

Human Rights Violations

The case of Rached Khiari highlights a number of serious human rights violations, most notably the denial of the right to a fair trial and of the right to health and access to appropriate treatment, constituting a clear breach of international human rights standards and of human dignity.

The course of his trials contradicts Article 10 of the Universal Declaration of Human Rights, which provides for everyone's right to a fair and independent hearing, as well as Article 14 of the International Covenant on Civil and Political Rights, which guarantees the right of defence and fair trial guarantees. It also contradicts the provisions of the Tunisian Constitution, in particular Article 23 on equality before the law and Article 124, which guarantees the right to a fair trial within a reasonable time.

His detention following his release on 29 August 2024 without legal justification may also be considered a form of arbitrary detention and a violation of his right to liberty and security of person.

The repeated sentences and his continued imprisonment, along with unjustified postponements, reflect a pattern of harassment against him, contrary to Article 2 of the Universal Declaration of Human Rights, which provides that “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”, and to Article 26 of the International Covenant on Civil and Political Rights, which provides that “All persons are equal before the law and are entitled without any discrimination to the equal protection of the law”.

In addition to the judicial violations, the breaches extended to his conditions of detention, as he was deprived of his right to treatment despite suffering from serious, life-threatening illnesses. This contradicts Article 25 of the Universal Declaration of Human Rights, which recognises everyone's right to a standard of living adequate for their health and well-being; Article 12 of the International Covenant on Economic, Social and Cultural Rights, which provides for everyone's right to the enjoyment of the highest attainable standard of physical and mental health; and Article 16 of the African Charter, which guarantees the right to enjoy the best attainable state of health. It also contradicts Rule 24 of the Nelson Mandela Rules, which obliges the State to provide prisoners with health care equivalent to that available in the community.