Abderrazek Kilani

Summary

The Military Court issued a detention warrant against the Former Dean of Lawyers on the grounds of his attempt to visit Noureddine Bhiri during his detention in Bizerte Hospital in January 2022, as well as his statements opposing the decision of President Kais Saied.

Personal Information

Name: Abderrazek Kilani

Nationality: Tunisian

Age: 67

Occupation: Lawyer, Former minister in Hammadi Djebali’s Government, and Former Dean of Lawyers

Incidents of Violation

Abderrazek Kilani, a lawyer and former dean of lawyers, was arrested on March 2, 2022, after being interrogated by the investigating judge at the Permanent Military Court for charges against him following his attempt to visit the Ennahdha Movement leader, Noureddine Bhiri, on January 2, 2022, at the regional hospital in Bizerte on January, in addition, other charges such as disturbing public order, violating the implementation of the law, defamation of a public official while performing their duties, and attempted individual or collective work stoppage. Moreover, the presentation of Abderrazak before the military court and imprisonment due to charges that only amount of infringement is an explicit arbitrary action. It constitutes a blatant violation of freedom of expression and opinion, especially considering he previously expressed his opposition to the decisions made by President Kais Saied, including the decision to dissolve the Supreme Judicial Council, stating that “all legal professionals must protest against Kais Saied’s takeover of state institutions.”

Charges

Disturbing public order with the intent to obstruct the implementation of the law, use force on or defame a public official while performing their duties through words and threats, and attempting to cause disturbances leading to individual or collective work stoppage.

Trial Procedures

On March 2, 2022, Abderrazek appeared before the military investigating judge in connection with charges such as disturbing public order with the intent to obstruct the implementation of the law, using force on or defame a public official while performing their duties through words and threats, and attempting to cause disturbances leading to individual or collective work stoppage. This led to the issuing of a detention order against him.

Human Rights Violations

The presentation of the former dean of lawyers, Abderrazek Kilani, before the military judiciary constitutes a flagrant violation of the right to freedom of expression guaranteed by the Tunisian constitution. Furthermore, Military trials for civilians also constitute a violation of the right to a fair trial and a breach of the provisions of the constitution, which stipulates the protection of civilians from such trials, as mandated in Article 108. This article states that “litigants are equal before the judiciary.” and also emphasizes the right to a “fair trial.”

Sources

Intersection Association documented this case based on several newspaper articles and lawyers’ social media posts.