Ghazi Chaouachi

Summary

Tunisian politician Ghazi Chaouachi, former Secretary General of the Democratic Current Party, has faced a series of judicial proceedings linked to his public statements and opposition political positions. The proceedings began in May 2022 following media statements in which he referred to reports that the Head of Government and several ministers had resigned. He was subsequently prosecuted for attributing unlawful acts to a public official and disseminating false information likely to disturb public order, under Article 128 of the Penal Code.

He was later prosecuted under Article 24 of Decree Law No. 54 of 2022 following statements in which he accused the Tunisian authorities of fabricating judicial cases against political opponents.

In February 2023, the proceedings escalated when his home was raided and he was arrested and detained in connection with a case involving suspected conspiracy against State security, belonging to a terrorist organization, and incitement to overthrow the government. During his detention, he went on hunger strike to protest what he described as harassment in prison.

On 18 April 2025, Chaouachi was sentenced at first instance to 18 years in prison. On 28 November 2025, the Tunis Court of Appeal increased his sentence to 20 years’ imprisonment and five years of administrative supervision. According to his family and lawyer, the administration of El Nadhour Civil Prison in Mornaguia has also repeatedly refused to implement judicial authorizations allowing his family to visit him without a barrier.

Personal Information

Name: Ghazi Chaouachi

Nationality: Tunisian

Age: 63

Occupation: Lawyer and politician; former Secretary General of the Democratic Current Party, former member of the dissolved Parliament, and former minister in the government of Elyes Fakhfakh.

Charges

• Using information and communication networks and systems to produce, promote, publish, send, or prepare false news, statements, or rumors, or fabricated, falsified, or falsely attributed documents, with the aim of infringing the rights of others, harming public security or national defense, or spreading fear among the population, under Article 24 of Decree Law No. 54 of 2022.
• Attributing unlawful acts to a public official and disseminating false information likely to disturb public order, under Article 128 of the Penal Code.
• Conspiracy against State security, belonging to a terrorist organization, and incitement to overthrow the government.

Human Rights Violations

Judicial proceedings against Ghazi Chaouachi began in the context of his public statements and opposition political positions. On 12 May 2022, during an appearance on a private radio station, Chaouachi referred to reports circulating about the resignation of then Head of Government Najla Bouden and several ministers. He also stated that President Kais Saied had not acted on those resignations. The following day, Chaouachi wrote on Facebook that he had been informed of his referral to an Investigating Judge at the Ben Arous Court of First Instance over these statements.

The Minister of Justice subsequently instructed the Public Prosecutor at the Tunis Court of Appeal to initiate criminal proceedings against him under Article 128 of the Penal Code. The proceedings concerned the attribution of unlawful acts related to the performance of official duties to a public official without providing evidence to substantiate the allegations, as well as the dissemination of false information through audiovisual media in a manner likely to disturb public order.

On 20 November 2022, the Minister of Justice filed another complaint against Chaouachi under Article 24 of Decree Law No. 54 of 2022. The complaint followed a media statement in which he alleged that the Tunisian authorities were fabricating judicial cases to imprison a number of political opponents. He was subsequently accused of spreading rumors, providing false and misleading information, and falsely attributing acts to a public official. On 25 April 2023, he was questioned by the Investigating Judge of Office No. 18 at the Tunis Court of First Instance.

These judicial proceedings coincided with increasing restrictions on several politicians opposed to the political process initiated on 25 July 2021. Late on 24 February 2023, approximately 20 police officers raided and searched Chaouachi’s home before arresting him and referring him for investigation. The allegations against him in this case included suspected membership in a terrorist organization, conspiracy against the internal and external security of the State, and incitement to overthrow the government.

On 25 February 2023, an Investigating Judge at the Judicial Counter Terrorism Unit issued a detention warrant against Ghazi Chaouachi.

While detained at Mornaguia Civil Prison, Chaouachi began a hunger strike on 10 March 2023 to protest what he described as harassment inside the prison. According to an account shared by his son in a social media post, prison officers informed Chaouachi that he would be transferred to an undisclosed location within the prison and threatened him with violence if he refused to comply. The decision was later reversed following the intervention of the President of the Tunisian Bar Association, and Chaouachi remained in the same cell.

On 18 April 2025, the Fifth Criminal Chamber specializing in terrorism cases at the Tunis Court of First Instance sentenced Ghazi Chaouachi to 18 years in prison in the case commonly referred to as the “conspiracy against State security” case. On 28 November 2025, the Tunis Court of Appeal increased his sentence to 20 years’ imprisonment and imposed an additional five years of administrative supervision.

On 19 August 2026, Intersection Association for Rights and Freedoms contacted Ghazi Chaouachi’s lawyer as part of its follow up on the restrictions affecting family visits. His lawyer stated that on 6 August 2026, Chaouachi’s family had obtained judicial authorization for a visit without a barrier. The authorization was issued by the First Assistant Public Prosecutor at the Tunis Court of Appeal, and the visit was scheduled for 14 August 2026.

Family members arrived for the scheduled visit, including Chaouachi’s son and wife, as well as his grandchildren, aged eight months and four years, who had travelled from France. According to his lawyer, however, the administration of El Nadhour Civil Prison prevented them from carrying out the authorized visit without a barrier.

Chaouachi’s lawyer stated that authorizations and decisions issued by the competent judicial authorities are not subject to the discretion of the prison administration, whose role is limited to implementing them as issued. He considered the refusal to implement the judicial authorization in this case to be part of restrictions imposed on Chaouachi because of his political activity and positions.

Intersection Association also contacted Chaouachi’s son, who stated that the family had obtained six authorizations for visits without a barrier over the previous three years. According to him, only two had been implemented by the General Authority for Prisons and Rehabilitation. Both visits took place at El Nadhour Civil Prison, on 29 December 2025 and 12 June 2026.

Regarding the most recent authorization, issued on 6 August 2026 for a visit scheduled on 14 August 2026, Youssef Chaouachi stated that the administration of El Nadhour Civil Prison refused to implement it and prevented the family from visiting Ghazi Chaouachi without a barrier.

He further stated that the family had been unable to exercise three earlier authorizations at Mornaguia Civil Prison. The first was issued on 15 March 2023 by the First Investigating Judge of Office No. 36 at the Judicial Counter Terrorism Unit of the Tunis Court of First Instance for a visit scheduled on 17 March 2023. A second authorization was issued by the same judicial authority on 24 April 2023 for a visit scheduled on 5 May 2023. A third was issued on 4 April 2025 by the President of the Fifth Criminal Chamber at the Judicial Counter Terrorism Unit, but was likewise not implemented by the administration of Mornaguia Civil Prison.

According to the accounts provided by Chaouachi’s family and lawyer, these incidents indicate a repeated failure to implement judicial authorizations for visits without a barrier. As a result, Chaouachi was prevented from having direct visits with members of his family despite the family having obtained the required authorizations.

Human Rights Violations

The judicial proceedings against Ghazi Chaouachi over his media statements and political positions concerning public affairs and his criticism of the authorities raise concerns regarding respect for the right to freedom of opinion and expression.

Article 37 of the 2022 Tunisian Constitution guarantees freedom of opinion, thought, expression, information, and publication. Article 19 of the International Covenant on Civil and Political Rights also protects freedom of opinion and expression, including the freedom to receive and impart information and ideas. Statements concerning matters of public interest and criticism of public officials and public policies fall within the protection afforded to freedom of expression.

In light of these protections, the criminal proceedings against Chaouachi over statements concerning the reported resignation of the Head of Government and several ministers, followed by statements in which he alleged that judicial cases were being fabricated against political opponents, raise questions regarding the compatibility of these proceedings with his right to freedom of expression.

The raid on Chaouachi’s home, his arrest, and his subsequent detention in connection with allegations of conspiracy against State security and offenses of a terrorist nature also raise concerns regarding the right to liberty and security of person. Article 35 of the 2022 Constitution provides that no person may be arrested or detained except in cases prescribed by law and pursuant to a judicial decision. It also guarantees the right to be informed of one’s rights and of the charges brought against them, as well as the right to legal assistance. Article 9 of the International Covenant on Civil and Political Rights prohibits arbitrary arrest and detention.

The documented information is insufficient to determine whether all legal requirements and procedures governing Chaouachi’s arrest and detention were observed. However, his continued deprivation of liberty in the context of a series of proceedings linked to his political positions and activities requires scrutiny to ensure that the applicable legal safeguards are respected and that detention is not used arbitrarily.

The information concerning Chaouachi’s conditions of detention also raises concerns regarding the right of persons deprived of their liberty to humane treatment and respect for their dignity, physical integrity, and psychological well being. According to his son, Chaouachi was informed that he would be transferred to an undisclosed location within the prison and was threatened with violence if he refused to comply. The decision was later reversed following the intervention of the President of the Tunisian Bar Association. Chaouachi also went on hunger strike to protest what he described as harassment in prison.

Article 36 of the 2022 Constitution guarantees every prisoner the right to humane treatment that preserves their dignity. Article 10 of the International Covenant on Civil and Political Rights similarly requires all persons deprived of their liberty to be treated with humanity and with respect for the inherent dignity of the human person. If the reported threat of violence is substantiated, or if it formed part of degrading or inhuman treatment, it may constitute a violation of these protections and warrants further investigation into the circumstances of the incident.

The judgments issued against Ghazi Chaouachi also raise questions concerning fair trial guarantees and respect for rights related to freedom of expression and political activity, particularly in light of the broader context of the documented proceedings.

Article 33 of the 2022 Constitution guarantees the presumption of innocence and the right to a fair trial with all necessary defense guarantees. Article 124 also guarantees the right to a fair trial within a reasonable time and the right to defense. Article 14 of the International Covenant on Civil and Political Rights provides corresponding fair trial guarantees. The increase in Chaouachi’s sentence on appeal does not, in itself, establish that the sentence was disproportionate or unlawful. Any assessment of proportionality must take into account the nature of the acts attributed to him, the legal basis for his conviction, and the penalties prescribed by law.

The repeated failure to implement judicial authorizations allowing Ghazi Chaouachi to receive visits without a barrier raises further concerns regarding his right to maintain family and social ties. Law No. 52 of 14 May 2001 on the prison system guarantees prisoners the right to receive visits from family members in accordance with applicable regulations. Article 31 regulates visits to persons held in pretrial detention or whose convictions are not final, on the basis of authorization issued by the competent judicial authorities. Article 34 provides for children under the age of 13 to visit an imprisoned parent without a barrier under the conditions established by law.

According to the accounts provided by Chaouachi’s family and lawyer, the authorization issued on 6 August 2026 for a visit scheduled on 14 August 2026 was not implemented, despite the presence of family members, including his grandchildren. This prevented Chaouachi from maintaining direct contact with his family despite the judicial authorization.

This concern is compounded by the family’s account that six authorizations for visits without a barrier were issued over the previous three years, only two of which resulted in visits. Three earlier authorizations, issued on 15 March 2023, 24 April 2023, and 4 April 2025, were not implemented, nor was the authorization issued on 6 August 2026.

The repeated failure to implement these judicial authorizations may constitute an unjustified interference with Chaouachi’s right to maintain family ties. It also raises concerns regarding the prison administration’s compliance with decisions issued by the competent judicial authorities. This right is further protected by Article 17 of the International Covenant on Civil and Political Rights, which prohibits arbitrary or unlawful interference with privacy and family life, and Article 23, which provides for the protection of the family. Article 36 of the 2022 Constitution also requires the State to take the interests of the family into consideration when enforcing custodial sentences.

The United Nations Standard Minimum Rules for the Treatment of Prisoners, known as the Nelson Mandela Rules, similarly emphasize the importance of enabling persons deprived of their liberty to maintain regular contact with their families through visits and other forms of communication. Any restrictions on such visits should therefore have a clear legal basis and must be justified, necessary, and proportionate to the legitimate purpose pursued.