Siwar Bargaoui
Political activist
Summary
Young Tunisian politician Siwar Bargaoui, an activist in the "Azimoun" movement and a member of the election campaign of politician Ayachi Zammel, was subjected to a series of judicial prosecutions because of her participation in collecting endorsements for his candidacy in the 2024 presidential election. She was prosecuted in cases relating to suspected forgery of electoral endorsements, on the basis of Article 199 of the Penal Code and Article 80 of Organic Law No. 25 of 2018 on the protection of personal data, and the number of cases reached 17.
The proceedings against her began in August 2024 and were accompanied, according to her account, by harassment and pressure during the investigation, and questions about her political activity and her role in the election campaign, as well as questions about her lawyers and how their fees were paid. She was also committed to the Manouba civil prison for women, where she reported being subjected to a thorough search of her entire body and placed in an overcrowded cell, as well as a deterioration in her physical and psychological condition and her conditions of detention, according to the available information.
On 30 September 2024, the Court of First Instance sentenced her to 12 years in prison with immediate enforcement in 9 cases. At the appeal stage, the Tunis 2 Court of Appeal on 10 January 2025 reduced the sentence to 4 years and 7 months in 9 cases. A further 8 cases are still being prosecuted; their examination has been postponed several times, and the latest date set is 29 September 2026.
Personal Information
Name: Siwar Bargaoui.
Nationality: Tunisian.
Governorate: Tunis.
Status: Political activist, activist in the "Azimoun" movement and member of the election campaign of politician Ayachi Zammel.
Charges
- Forgery of electoral endorsements under Article 199 of the Penal Code.
- Violation of Article 80 of Organic Law No. 25 of 2018 on the protection of personal data.
Incidents of Violation
Siwar Bargaoui was politically active within the "Azimoun" movement and took part in the election campaign of politician Ayachi Zammel, who was a definitively accepted candidate in the 2024 presidential election; she took part in collecting the endorsements required to submit his candidacy.
On 16 August 2024, Siwar Bargaoui was summoned for questioning following three complaints from citizens accusing her of forging their endorsements in favour of Ayachi Zammel. According to her account, during this period she was subjected to harassment and pressure, which led her to ask to be taken urgently to La Rabta Hospital, where she obtained a medical certificate for three days, particularly as she has a chronic illness.
On 19 August 2024, Siwar Bargaoui returned, and the competent authorities carried out three tests which, according to the available information, concluded that forgery may have occurred. The defence team questioned the results of these tests, particularly given the speed with which they were carried out. On the same day, the Public Prosecution issued a decision to hold her in police custody for 48 hours.
In parallel with the complaints under investigation, additional complaints with the same accusations were filed, bringing their number to 14, which remained at the stage of completing investigations and carrying out tests.
On 21 August 2024, Siwar Bargaoui was referred to the Misdemeanour Chamber of the Tunis 2 Court of First Instance, where she was charged with suspected forgery of presidential endorsements under Article 199 of the Penal Code and Article 80 of the Organic Law on the protection of personal data. The chamber issued a committal warrant against her, and she was committed to the Manouba civil prison for women.
According to her account, upon her committal to prison she was subjected to a thorough search of her entire body; she also reported being subjected to inhumane treatment and being placed in an overcrowded cell in which the number of prisoners exceeded its capacity.
On 30 August 2024, Siwar Bargaoui was released and the examination of her case was postponed to 19 September 2024. She was also informed that she could not leave the territorial jurisdiction of the Tunis 2 Court of First Instance, and was placed under daily administrative supervision, with 9 September 2024 set as the date for her to appear before the judicial police brigade in Sidi Hassine for further questioning.
During the investigation, Siwar Bargaoui stated that she was asked questions about her political activity and her role in the election campaign, as well as questions about the lawyers who attended with her, how their fees were paid and whether they were working on a voluntary basis.
On 27 September 2024, Siwar Bargaoui was arrested while on her way to sign in under her administrative supervision.
On 30 September 2024, the Court of First Instance sentenced Siwar Bargaoui to 12 years in prison with immediate enforcement in nine cases, under Article 199 of the Penal Code and Article 80 of Organic Law No. 25 of 2018 on the protection of personal data. She was again committed to the Manouba civil prison for women.
On 8 October 2024, the request for Siwar Bargaoui's release was rejected, according to her defence counsel, and she was kept in prison.
At the appeal stage, the Tunis 2 Court of Appeal, on 10 January 2025, reduced the sentence imposed on her from 12 years to 4 years and 7 months in 9 cases. According to the available information, she was not granted a joinder of the cases.
During 2025, eight additional cases relating to the same charges and legal provisions were brought against Siwar Bargaoui. A hearing to examine them was set for 27 October 2025, then postponed to 2 February 2026, then to 8 June 2026, and finally to 29 September 2026, and these cases are still under investigation.
During her detention, the available information indicates that Siwar Bargaoui was subjected to poor detention conditions and neglect, affecting her physical and psychological condition, as confirmed by her lawyer.
Human Rights Violations
The judicial prosecutions brought against Siwar Bargaoui, given their link to her participation in the election campaign and the collection of endorsements for a presidential candidate, raise issues concerning respect for her right to participate in political life and her freedom of expression and political activity. Moreover, the link between the judicial prosecutions and legitimate political activity, and the questions about her activity and role in the election campaign that, according to her account, accompanied them, call for an assessment of the extent to which the authorities have respected political rights and freedoms and refrained from using judicial proceedings to restrict the exercise of these rights. The 2022 Constitution of the Tunisian Republic protects individual and public rights and freedoms, and the International Covenant on Civil and Political Rights, in particular Articles 19 and 25, guarantees freedom of opinion and expression and the right to take part in public affairs and political participation.
The measures of police custody and committal to prison, particularly given the continued deprivation of her liberty before the first-instance judgment was issued, also raise issues concerning the right to liberty and security of person and the presumption of innocence. Article 9 of the International Covenant on Civil and Political Rights prohibits arbitrary arrest or detention and requires that deprivation of liberty not be arbitrary or unlawful. Article 27 of the 2022 Constitution of the Tunisian Republic also enshrines the presumption of innocence and the guarantees of defence and a fair trial. The existence of a criminal prosecution or suspicion is not in itself sufficient to establish the arbitrary nature of the detention; however, assessing its lawfulness requires examining its legal basis, necessity and proportionality and the procedural safeguards attached to it.
The information concerning Siwar Bargaoui being placed under daily administrative supervision and prohibited from leaving the territorial jurisdiction of the Tunis 2 Court of First Instance, and then arrested while on her way to sign in, raises additional issues relating to the right to liberty and freedom of movement. Restrictions on these rights are subject to the requirements of legality, necessity and proportionality, and it is necessary to verify the specific legal basis for each measure, its purpose and its proportionality to that purpose.
The questions that Siwar Bargaoui stated were put to her about her political activity and her role in the election campaign, in the context of the investigations into the endorsements, also raise concerns about a failure to distinguish between investigating the acts that are the subject of the prosecution and interfering in her legitimate political activity. If it is established that these questions were used to pressure or intimidate her because of her political activity, this could undermine freedom of political participation and expression, in addition to its potential impact on safeguards against arbitrary treatment during investigation proceedings.
The questions about the lawyers chosen by Siwar Bargaoui and how their fees were paid, according to her account, raise an issue concerning the right to defence and the independence of the relationship between lawyer and client. Article 14 of the International Covenant on Civil and Political Rights guarantees the right of every accused person to prepare their defence and to communicate with legal representatives of their own choosing, which requires that the exercise of this right not be subjected to unjustified pressure or interference. The available information alone does not allow a definitive conclusion that these questions in themselves constituted a violation of the right to defence; however, they require documentation given their context and Siwar Bargaoui's statement that she regarded them as a means of pressuring her.
The conditions of her detention at the Manouba civil prison for women also raise concerns about the right to humane treatment and respect for dignity during deprivation of liberty. She reported being subjected to a thorough search of her entire body and placed in an overcrowded cell exceeding its capacity, and the information also indicates that she suffered neglect and a deterioration in her physical and psychological condition. Article 10 of the International Covenant on Civil and Political Rights requires that persons deprived of their liberty be treated with humanity and with respect for their dignity, and its Article 7 prohibits torture and cruel, inhuman or degrading treatment or punishment. The UN Standard Minimum Rules for the Treatment of Prisoners, known as the Nelson Mandela Rules, stress the need to provide detention conditions that respect the dignity of prisoners and protect their health and safety.
As regards her state of health, her statement that she has a chronic illness, and the reports that she suffered neglect and a deterioration in her physical and psychological condition during detention, raise concerns about whether she has received adequate healthcare while deprived of her liberty. Article 12 of the International Covenant on Economic, Social and Cultural Rights enshrines the right to the enjoyment of the highest attainable standard of health, while the Nelson Mandela Rules require that health services be provided to prisoners in accordance with appropriate standards and without discrimination.
With regard to the trial, the multiplicity of cases relating to the same or similar acts, the issuing of a first-instance judgment in nine cases, and the continuation of eight further cases raise questions about respect for fair trial guarantees, particularly regarding the effective exercise of the rights of the defence and the procedural handling of related cases.
The first-instance sentence of 12 years in prison in nine cases, subsequently reduced on appeal to four years and seven months, also raises issues concerning the proportionality of the sentence and fair trial guarantees.
On the basis of all the documented information, the main rights requiring follow-up in the case of Siwar Bargaoui are the right to liberty and security of person, freedom of expression and participation in political life, the right to defence and a fair trial, the right to humane treatment and respect for dignity during deprivation of liberty, and the right to healthcare. The information concerning the circumstances of the investigation and detention and the multiple prosecutions also requires continued verification of the extent to which the judicial proceedings are linked to Siwar Bargaoui's exercise of her political activity, and of the extent to which the authorities have respected necessity, proportionality and procedural safeguards at the various stages of prosecution and trial.