Summary:
Mohamed Ali Ben Khmaies, a 31-year-old Tunisian man who had been experiencing severe psychological disorders and episodes since 2018, died on 26 August 2026 inside Mornaguia Civil Prison. According to his family, his health and psychological condition deteriorated during his detention, and he was not provided with the medication he had been taking as part of his treatment.
The family also reported observing marks on his body that they suspected were signs of violence. They stated that they were not informed of his death and only learned of it when they went to the prison to visit him. The family further reported that the judicial officer they engaged to document the condition of the body refused to provide them or their lawyer with a copy of the inspection report.
The causes and circumstances of his death remain unclear, particularly as the family had not been provided with the forensic medical report as of the date of this documentation.
Personal Information:
Name: Mohamed Ali Ben Khmaies
Age: 31
Occupation: Citizen
Nature of violation: Suspicious death in detention.
Violation Incidents:
Mohamed Ali Ben Khmaies is a 31-year-old Tunisian man who had been experiencing severe psychological disorders and acute episodes since 2018. He had been receiving treatment at Razi Hospital and had been hospitalized there on several occasions.
On 26 July 2026, Mohamed Ali Ben Khmaies was arrested following a raid on his home. According to his family, from the beginning of his detention, they informed the relevant authorities of his health condition and provided them with the medication he regularly took, as well as his disability card. However, according to the family, he remained detained for four days without his family knowing his whereabouts and without being provided with his medication. The family also reported that they were not allowed to appoint a lawyer for him until ten days after his arrest.
On 14 August 2026, he was transferred to Mornaguia Civil Prison. According to his family, he did not receive the treatment and medication he required, despite his health condition and deteriorating psychological state. The family went to the prison to visit him and, according to their account, found him in a deteriorated physical and psychological condition. He was crying and asking for his medication before losing consciousness during the visit.
On 26 August 2026, the family went to the prison to visit him and was informed that he had been transferred to Charles Nicolle Hospital in critical condition. When the family members went to the hospital, they were unable to find him. They were subsequently informed by the prison administration that he had died and that his body could be found in the hospital morgue.
After receiving the body, the family reported observing marks that they suspected were signs of violence, raising concerns regarding the circumstances and conditions surrounding his death, particularly in light of the deterioration in his physical and psychological condition during his detention.
The family further reported that, on the day of the burial, they engaged a judicial officer to inspect the body. However, the officer refused to provide the family and their lawyer with a copy of the inspection report. And was later informed that the cause of death was heatstroke. However, as of the date of documentation, they had not received the forensic medical report, preventing them from independently verifying the cause of death and the circumstances surrounding it.
Human Rights Violations:
The death of Mohamed Ali Ben Khmaies inside Mornaguia Civil Prison, in light of the deterioration in his physical and psychological condition and the reported failure to provide him with the medication he had been taking, raises serious concerns regarding the extent to which the State fulfilled its obligations to protect his right to life, physical integrity, and health of persons deprived of their liberty. As the authority responsible for the detention of a person, the State bears a heightened responsibility to ensure their safety and access to necessary healthcare, particularly where the authorities are aware of a medical condition requiring regular monitoring and treatment. Article 24 of the 2022 Constitution of the Republic of Tunisia enshrines the right to life, while Article 36 guarantees every prisoner the right to humane treatment that preserves their dignity. Law No. 52 of 2001 on the prison system also provides for the protection of prisoners’ physical and moral integrity and guarantees access to healthcare, treatment, and necessary medication. At the international level, Article 6 of the International Covenant on Civil and Political Rights (ICCPR) protects the right to life, while Article 10 requires persons deprived of their liberty to be treated humanely and with respect for their inherent dignity. Rule 24 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) further affirms the State’s responsibility to provide healthcare to prisoners in accordance with the same standards available in the community and to ensure continuity of treatment.
The information concerning the reported failure to provide Mohamed Ali Ben Khmaies with the medication he required, despite the authorities being informed of his health condition, also raises concerns regarding a possible failure to respect his right to healthcare. This obligation is particularly significant given the family’s account that he had been experiencing severe psychological disorders and acute episodes, had been receiving treatment at Razi Hospital, and appeared during the visit to be in a deteriorated physical and psychological condition. According to the family, he was asking for his medication before losing consciousness. The Nelson Mandela Rules, particularly Rules 24, 25, and 27, establish that providing healthcare to prisoners is a State responsibility and require prisoners to have access to necessary health services without discrimination, as well as continuity of treatment and care. They further require the provision of services capable of assessing prisoners’ mental health and responding to their specific healthcare needs, including access to psychological and psychiatric expertise, prompt access to medical care in urgent cases, and the transfer of persons requiring specialized treatment to appropriate healthcare facilities. Rule 109, in particular, provides for arrangements to transfer persons with disabilities or severe mental health conditions whose continued detention may aggravate their condition to mental health or other appropriate healthcare facilities as soon as possible.
The family’s account of observing marks on the body that they suspected to be signs of violence also raises concerns regarding physical integrity and the absolute prohibition of torture and other cruel, inhuman, or degrading treatment or punishment. Article 25 of the 2022 Constitution of the Republic of Tunisia protects human dignity and the inviolability of the body and prohibits physical and moral torture. Article 7 of the ICCPR and Article 5 of the African Charter on Human and Peoples’ Rights likewise prohibit torture and other cruel, inhuman, or degrading treatment or punishment.
Regarding the judicial officer’s refusal to provide the family and their lawyer with a copy of the body inspection report, the available information indicates that the family engaged the judicial officer to document the condition of the body and that the requested inspection was in fact conducted, before the officer subsequently refused to provide them with the resulting report. This refusal raises serious concerns regarding the withholding of a document prepared in the context of a task for which the judicial officer had been engaged, particularly as the report may contain information or observations relevant to determining the circumstances and causes of death. The failure to provide the document to the family and their lawyer may also prevent them from examining its contents and relying on it in verification, investigative, or legal proceedings, and consequently raises serious questions regarding the extent to which the judicial officer complied with their professional and legal obligations.
In the absence of clarity regarding the cause of death and in light of indicators requiring further verification, the State has an obligation to conduct a prompt, effective, independent, impartial, and thorough investigation into the circumstances and causes of Mohamed Ali Ben Khmaies’s death. This should include examining the conditions of his detention, the extent to which he received the medication and healthcare he required, the circumstances of any transfer to hospital, the cause of death, and the origin of the marks reported by his family on the body. This requires conducting the necessary medical and forensic examinations, preserving relevant evidence, and providing the family with information concerning the investigation and access to effective remedies. This obligation is particularly linked to the duty to protect the right to life under Article 6 of the ICCPR and the right to an effective remedy under Article 2. It also relates to the State’s obligation under Article 12 of the Convention against Torture to ensure a prompt and impartial investigation whenever there are reasonable grounds to believe that an act of torture has been committed in any territory under its jurisdiction.