Mohammed Jihed Labidi

Summary

Coinciding with the commemoration of January 14, several human rights figures and political parties called for marches on Habib Bourguiba Avenue in Tunis, condemning the decisions taken by the President of the Republic. Mohammed Jihad Abidi was a participant in these marches and became a victim of violation, as he was assaulted and beaten by police forces and kept in detention for 12 days. He was later sentenced to four months in prison with immediate effect on charges of insulting a public employee.

Personal Information

Name: Mohammed Jihad Abidi

Nationality: Tunisian

Occupation: Computer Science Student

Incidents of Violation

The young man’s detention, Mohammed Jihad Abidi, participated in the protest movement on January 14, 2022, on Habib Bourguiba Avenue, due to which he was charged with violating health protocols and being present in an unauthorized gathering. He was held in custody at Al-Bouhair police station in Tunis, where he was beaten and violently assaulted by the police. Our witness confirmed to us the appearance of signs of beatings and bruises on Jihad’s face, along with multiple scratches on various parts of his body.

Charges

Violating health protocol and insulting a public employee

Trial Procedures

Mohammed Jihad was arrested due to a complaint filed against him, accusing him of insulting a public employee under Article 125 of the Penal Code on the grounds of defending himself during the police’s assault on protesters and their attempt to prevent them from them from gathering. This led to keeping Jihad in custody for a period of 12 days from January 14, 2022, until January 25, 2022. Later, the Court of First Instance in Tunis sentenced him to four months in prison with immediate effect.

Human Rights Violations

Violation of the right to protest and freedom as stipulated in the Tunisian constitution in Articles 31 and 37. In addition, there was a violation of the right to bodily integrity and non-application of Article 10, Paragraph 1 of the Internation Covenant on Civil and Political Rights, which emphasizes the necessity of trating all individuals depresived of their freedom with humane treatment that respects the inherent dignity of the human person. In addition to non-application of Law No.5, which amends and completes the Code of Criminal Procedure, that grants the detainee the right to contact a lawyer and inform them of the reason for the arrest.

Sources

Intersection Association depended on a phone call with one of the witnesses who were detained with Mohammed Jihad Abidi, on January 25, 2022, in addition to gathering testimonies frol activists who were with him during the protest movement. The activists’ names were kept confidential to guarantee their safety and to prevent them from being monitored or tracked by the Tunisian authorities.