Wael Zarrouk
Summary
Tunisian human rights activist Wael Zarrouk was arrested on 7 July 2026 after being placed on the wanted list on the basis of a default judgment issued by the Tunis 1 Court of First Instance on 13 March 2026, sentencing him to one year in prison for “attributing unlawful acts to a public official” under Article 128 of the Tunisian Penal Code. The case stems from a television statement he made in 2022 during a debate bringing together young activists and representatives of official institutions, in which he recounted his previous personal experience in prison and criticised the reality of the prison system.
After an objection was lodged against the default judgment, a hearing to re-examine the case was set for 30 July 2026 before the Tunis Court of Appeal.
Personal Information
- Name: Wael Zarrouk
- Nationality: Tunisian
- Governorate: Tunis
- Status: Human rights activist
- Charge: Article 128 of the Penal Code, which provides: “Anyone who, through public speeches, the press or any other means of publicity, attributes to a public official or a person assimilated to one unlawful acts relating to his duties without providing proof of their truth shall be punished by two years' imprisonment and a fine of one hundred and twenty dinars.”
Incidents of Violation
On Tuesday 7 July 2026, human rights activist Wael Zarrouk was arrested following a security identity check, after which it emerged that he was on the wanted list in connection with a case dating back to 2022. He was first taken to the National Guard district headquarters in La Marsa, before being transferred at dawn on 8 July 2026, at around 4:00 a.m., to the National Guard district in Bardo, where he was able to meet his lawyer and was informed that a default judgment had been issued against him. The case relates to his participation in 2022 in a television programme on a private channel, in a debate bringing together young activists and representatives of official institutions, during which he gave testimony about a previous personal experience of detention and criticised the reality of the prison system in Tunisia.
On the evening of 8 July 2026, Wael Zarrouk was transferred to the Bouchoucha detention centre, where he spent the night, before being brought before the Public Prosecutor on the morning of 9 July 2026. According to his account, he learned during these proceedings that the Tunis 1 Court of First Instance had issued on 13 March 2026 a default judgment sentencing him to one year in prison for “attributing unlawful acts to a public official” under Article 128 of the Tunisian Penal Code, without his having received, according to him, any official summons or notification of criminal proceedings against him before the judgment was issued.
His lawyer subsequently lodged an objection against the default judgment and challenged the arrest procedures, and he was provisionally released. Following acceptance of the objection, a hearing to re-examine the case was set for 30 July 2026 before the Tunis Court of Appeal, so the judicial proceedings in this case are continuing.
Human Rights Violations
The documented facts in this case point to a number of violations affecting fundamental rights and freedoms guaranteed by the 2022 Tunisian Constitution and by the international and regional instruments binding on Tunisia. The arrest and prosecution were linked to statements made by Wael Zarrouk in the context of a public debate on the reality of the prison system and, according to the documented accounts, were accompanied by problems relating to guarantees of personal liberty and fair trial.
First, the circumstances of the arrest and of the transfers between security facilities, and the person's statement that he was not promptly and precisely informed of the reasons for the prosecution, raise the issue of respect for the right to liberty and security of person. This right is guaranteed by Article 35 of the 2022 Constitution of the Republic of Tunisia, which provides that “No person may be arrested or held in custody except in cases of flagrante delicto or by judicial decision; he shall be informed immediately of his rights and of the charge against him, and may appoint a lawyer. The duration of arrest and custody shall be set by law.” It is also protected by Article 9 of the International Covenant on Civil and Political Rights, which prohibits arbitrary deprivation of liberty and requires that a person be informed, at the time of arrest, of the reasons for the measure taken against them, as confirmed by the Human Rights Committee in its General Comment No. 35. This right is also protected under Article 6 of the African Charter on Human and Peoples' Rights.
Second, according to the available information, the prosecution is linked to statements Wael Zarrouk made during his participation in a television programme in which he spoke about his previous personal experience in prison and criticised the reality of the prison system. These facts raise the issue of respect for the right to freedom of opinion and expression, since the statements were made in the context of a debate on public affairs and the performance of public institutions. Article 37 of the Tunisian Constitution guarantees freedom of opinion, thought, expression, information and publication, providing that “Freedom of opinion, thought, expression, information and publication is guaranteed. No prior censorship may be exercised over these freedoms.” Article 19 of the International Covenant on Civil and Political Rights also protects this right, and the Human Rights Committee affirms in its General Comment No. 34 that restrictions on expression concerning matters of public interest must remain exceptional and be subject to the criteria of necessity and proportionality. Article 9 of the African Charter on Human and Peoples' Rights also provides for everyone's right to receive information and to express their opinions within the law. In this context, prosecutions linked to the expression of opinion may limit the ability of individuals and human rights defenders to participate freely in public debate and express their views on the performance of public authorities.
The information concerning the issuance of a default judgment against Wael Zarrouk, and his statement that he received no official summons or notification of criminal proceedings against him before the judgment was issued, also raises issues relating to respect for fair trial guarantees and the right of defence. Article 33 of the 2022 Constitution guarantees the presumption of innocence and all the rights of the defence at the various stages of prosecution and trial, providing that “The accused is presumed innocent until proven guilty in a fair trial in which all guarantees of defence are ensured at the stages of prosecution and trial.” Article 14 of the International Covenant on Civil and Political Rights provides for everyone's right to a fair and public hearing by a competent, independent and impartial tribunal, and to be informed of the charges against them, to be present at their trial and to defend themselves in person or through a lawyer of their choice. These guarantees are consistent with Article 7 of the African Charter on Human and Peoples' Rights, the Basic Principles on the Role of Lawyers and the United Nations principles on the independence of the judiciary. If it is established that the person concerned was not informed of the judicial proceedings in a manner allowing him to exercise his procedural rights, this would affect the effectiveness of his right of defence and of the guarantees of a fair trial.
In general, these facts, if established, highlight issues regarding the compatibility of the security and judicial measures taken with the constitutional and international obligations of the Tunisian State, particularly with regard to the protection of personal liberty, the guarantee of freedom of opinion and expression, and respect for fair trial guarantees and the rights of the defence, which are fundamental pillars of the rule of law and of the protection of human rights defenders.