Mariem Bellali

Summary

Mariem Bellali, a student, feminist activist and human rights defender, was assaulted by the security forces on 7 October 2024 while taking part in a popular march commemorating the "Al-Aqsa Flood", on Habib Bourguiba Avenue in central Tunis.

Personal Information

First name: Mariem

Surname: Bellali

Nationality: Tunisian

Status: Student and civil society activist

Incidents of Violation

Mariem Bellali is a student, feminist activist and human rights defender. On 7 October 2024, Mariem was among the participants in the peaceful rally called by the Coordination for Action for Palestine to commemorate the date of 7 October and to denounce the genocide of the Palestinian people and the war on Lebanon.

She was on Habib Bourguiba Avenue in the midst of the peaceful rally, which was met with acts of violence and repression, followed by a wave of security pursuits of a number of the young people taking part in the protest.

Mariem was among those assaulted at the time. She found herself surrounded by three police officers, who pushed her and threw her to the ground in an attempt to disperse the protesters and break up the rally. Furthermore, a policewoman grabbed her by the hair and dragged her by force, together with the other officers, who were pulling her by her clothes in full view of everyone and under the eyes of the press cameras that were present to cover the march.

In addition, the victim of the violation was beaten while being forcibly pushed, and was subjected to psychological abuse by the same assailants, which left her with physical and psychological harm.

Human Rights Violations

The assaults suffered by activist Mariem Bellali constitute a serious violation of human rights. Assaulting her while she was taking part in a peaceful rally constitutes a violation of her right to peaceful assembly and demonstration, a constitutional right guaranteed by Article 42 of the Constitution of the Tunisian Republic, which states: "Freedom of peaceful assembly and demonstration is guaranteed." This right is also protected under the Universal Declaration of Human Rights in Article 20: "Everyone has the right to freedom of peaceful assembly and association", and Article 21 of the International Covenant on Civil and Political Rights, which states: "The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others."

Moreover, beating and assaulting protesters, in particular the assault on the victim, constitutes a form of ill-treatment and a violation of her physical integrity. Physical integrity is a fundamental human right guaranteed by the 2022 Constitution in Article 25, which provides: "The State shall protect human dignity and physical integrity, and shall prohibit mental and physical torture. The crime of torture shall not be subject to any statute of limitations." It is also enshrined in various international conventions, in particular the Universal Declaration of Human Rights in its Article 5, and the International Covenant on Civil and Political Rights in Article 7, which provides that "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."

In addition, the gender-based violence to which Mariem was subjected is criminalised by Organic Law No. 58 of 2017 of 11 August 2017 on the elimination of violence against women, which defines it as "any physical, moral, sexual or economic aggression against women based on discrimination on the grounds of sex that causes harm or physical, psychological, sexual or economic suffering or damage to women, including the threat of such aggression, pressure or deprivation of rights and freedoms, whether in public or private life." According to the same article, the penalty is two years in prison and a fine of two thousand dinars if the perpetrator has authority over the victim or abused the influence of their position.