Summary: 

Hatem Abed, a 25-year-old Tunisian man from Hammam Lif, was arrested on April 11, 2025, in connection with a penal case and later detained at Mornaguia Civil Prison. He died under suspicious circumstances inside the prison. According to his father, his death is suspected to have resulted from torture and ill-treatment. Despite several judicial and administrative attempts by his family to uncover the circumstances of his death and hold those responsible accountable, these efforts have not resulted in any effective investigation or serious accountability, which reinforces the suspicious nature of his death in detention.

Name: Hatem Abed 

Age: 25 years old 

Nationality: Tunisian 

Case: Suspicious death in prison suspected to have resulted from torture and ill-treatment.

Violation incidents:  

Hatem Abed was summoned by the Judicial Police Unit in Hammam Lif. After being referred to the Second Investigating Judge at the Court of First Instance in Ben Arous, an order was issued on 11 April 2025 to place him in pre-trial detention in connection with a penal case. He was then transferred to Mornaguia Civil Prison.

According to Hatem’s father, he remained in detention for approximately seven months, from April to October 2025. During this period, his family, based on testimonies from former detainees, reports that he was subjected to torture and severe beatings, particularly to the head, by prison officers. He was also reportedly subjected to harsh disciplinary measures, including being placed in solitary confinement and deprived of food and water for two days.

He was later transferred to Oudhna Prison, where his health condition reportedly worsened without any effective medical intervention. He was subsequently transferred to the Emergency Medical Assistance Service (SAMU) in critical condition. His family states that they were able to see him at the medical center and noticed clear signs of physical violence on his body.

On October 28, 2025, the director of Oudhna Prison issued a release order for Hatem Abed, despite the fact that he was in coma. The following day, on 29 October 2025, Hatem died after spending around  two weeks at the emergency medical center, in circumstances suggesting exposure to torture, according to his father. On November 3, 2025, the Fourth Criminal Chamber of the Court of First Instance in Ben Arous issued an initial in absentia ruling declaring the termination of public prosecution due to the defendant’s death.

In an effort to uncover the truth about the death and hold those responsible accountable, the victim’s father submitted a petition to the Court of First Instance in Ben Arous requesting the determination of the cause of death. His request was rejected, and he was referred to the Court of First Instance of Tunis 1, as the jurisdiction responsible for the emergency medical center. The second request was also rejected without any legal explanation or guidance.

In response, Hatem’s father submitted two complaints: the first to the Minister of Justice on December 22, 2025, and the second to the Presidency of the Republic on December 26, 2025. He affirmed the existence of former detainee witnesses willing to testify regarding his son’s exposure to torture. He later personally visited the Ministry of Justice, where he was informed that he would be contacted and that the case would be followed up. However, as of the date of drafting this documentation, no contact has been made and no tangible action has been taken.

Human Rights Violations: 

Available information, based on consistent testimonies, indicates that Hatem Abed was subjected to severe physical violence, particularly to the head. This constitutes a serious violation of the prohibition of torture and cruel, inhuman, or degrading treatment, as stated in Article 5 of the Universal Declaration of Human Rights. 

Subjecting him to harsh disciplinary measures, including solitary confinement and deprivation of food and water for two days, also violates the Nelson Mandela Rules, particularly Rule 43, which clearly prohibits corporal punishment and any disciplinary measures that undermine human dignity or the basic needs of detainees. Under international standards, these practices are considered forms of inhuman treatment, including serious physical abuse and harsh detention conditions. 

Hatem Abed’s death is also classified as a suspicious death occurring in detention under unnatural circumstances. The State has both a legal and moral obligation to protect the lives of persons deprived of their liberty, as detainees are under its full control. The deterioration of Hatem’s health to the point of coma, without urgent and effective medical care, indicates serious negligence that may amount to ill-treatment or indirect torture. Furthermore, issuing a temporary release order while he was in a coma, only one day before his death, raises serious concerns about a possible attempt to avoid legal responsibility for his death in detention.

Hatem Abed’s case, in which he was transferred to emergency medical services in a critical condition, highlights serious structural failures in prison healthcare. This contradicts Rule 24 of the Nelson Mandela Rules, which requires the State to provide detainees with healthcare equivalent to that available to the general population. These failures include delays in responding to emergency situations, inadequate medical care, and the absence of effective emergency response mechanisms. Such shortcomings directly contribute to worsening health conditions and to suspicious deaths in detention.

The refusal of both the Courts of First Instance in Ben Arous and Tunis 1 to grant the family access to the victim’s medical file in order to determine the cause of death, without clear legal justification, constitutes a serious breach of the State’s obligation to uncover the truth and ensure accountability. The absence of any effective response to complaints submitted to the Ministry of Justice and other authorities further reinforces a climate of impunity and undermines victims’ right to an effective remedy. 

Intersection Association for Rights and Freedoms also considers that the right of victims’ families to know the truth about the circumstances of their relatives’ deaths is a fundamental principle of justice and human rights. However, Hatem Abed’s family has effectively been excluded from the judicial process and deprived of clear information regarding the circumstances of his death and the progress of investigations. The lack of official communication or clarification from the General Directorate of Prisons and the Ministry of Justice deepens the family’s suffering and maintains a state of uncertainty and ongoing doubt, suggesting possible administrative concealment aimed at obscuring the truth and protecting those potentially responsible for these violations.

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