Summary
Nabil Maallaoui, a Tunisian citizen, was arrested and imprisoned in connection with an ordinary criminal case before dying in detention as a result of medical neglect and inadequate healthcare.
Name: Nabil Maallaoui
Age: 55 years
Nationality: Tunisian
Facts of the Violation
Nabil Maallaoui, a Tunisian national from the governorate of Nabeul, was arrested in January 2025 without any judicial ruling having been issued against him and was placed in detention at the Belli Civil Prison in Nabeul.
During his detention, Maallaoui developed cancer while in prison. However, he did not receive the necessary medical care. Prison authorities reportedly limited their response to providing him with “pills” and an injection, without ensuring any serious or continuous medical follow-up.
According to testimony from his sister, his health condition deteriorated day after day amid severe overcrowding in the cell where he was held and deprivation of adequate nutrition. She further stated that he was provided with only one adult diaper per day, which led to a severe deterioration in his condition to the point that he lost control over his vital bodily functions.
The family also reported that prison authorities refused to accept additional diapers that the family attempted to provide, despite being fully aware of the worsening of his condition.
As his health further deteriorated and he experienced severe breathing difficulties, he was not transferred to hospital until his condition became critically acute. He was transported on the morning of 22 September 2025, at approximately 10:00 a.m., to the Burns Hospital in Ben Arous, where he died at 1:00 p.m.
Despite the seriousness of his condition, the family was not informed of his death until 6:00 p.m. on the same day, even though Maallaoui had previously provided prison authorities with his sister’s phone number to be contacted in the event of his transfer to hospital.
The family further confirmed that prison authorities denied them access to the attending physician despite repeated requests. During their last visit, Maallaoui appeared extremely exhausted and physically weakened.
According to testimonies from friends who were detained with him at Belli Civil Prison in Nabeul, his health condition deteriorated significantly during the final days of his detention. He reportedly suffered from severe breathing difficulties prior to his delayed transfer to hospital, ultimately resulting in his death due to medical neglect and poor detention conditions.
Human Rights Violations
The case of Nabil Maallaoui involves multiple serious violations of human rights affecting his dignity, his right to life, and his physical integrity. His death in detention at Belli Civil Prison constitutes a violation of the right to life and bodily integrity, a fundamental and inviolable right guaranteed under Article 24 of the Tunisian Constitution, which states that “the right to life is sacred and may not be infringed except in extreme cases regulated by law.” It is also protected under Article 3 of the Universal Declaration of Human Rights, which affirms that “everyone has the right to life, liberty and security of person,” and Article 6 of the International Covenant on Civil and Political Rights, which obliges States to protect the right to life and prohibits arbitrary deprivation of life.
Furthermore, the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) place full responsibility on the State for the life and safety of all persons under its custody, including those deprived of their liberty.
Article 10 of the International Covenant on Civil and Political Rights stipulates that “all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.” The Mandela Rules further require prison authorities to provide healthcare services equivalent to those available in the community outside prison.
The grave delay in transferring Nabil Maallaoui to hospital despite the serious deterioration of his health and his acute breathing difficulties, as well as the deliberate medical neglect that led to his death, constitute a violation of the right to life guaranteed under Article 3 of the Universal Declaration of Human Rights, Article 6 of the International Covenant on Civil and Political Rights, Article 4 of the African Charter on Human and Peoples’ Rights, and Article 22 of the Tunisian Constitution. The State bears absolute responsibility for the lives and safety of detainees under its custody. The United Nations Human Rights Committee, in its General Comment No. 21, has affirmed that States are required to take positive measures to protect the lives of persons deprived of their liberty. Nabil Maallaoui’s death as a result of medical neglect and poor detention conditions therefore places direct responsibility on the authorities for violating his right to life.
The failure to inform Nabil Maallaoui’s family of his death constitutes a violation of the family’s right to receive timely and accurate information regarding the situation of their detained relative. Moreover, the prison administration’s refusal to allow the family to meet the attending physician despite repeated requests violates Rule 43 of the Nelson Mandela Rules, which requires that families be immediately informed of a prisoner’s death, transfer to an external medical facility, or serious illness. This deliberate withholding of information also contravenes Principle 19 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, which guarantees the detainee’s right to communicate with family members and receive visits, as well as the family’s right to be informed of the detainee’s legal and health status.
Maallaoui’s death does not represent an isolated or exceptional case, but rather forms part of a recurring pattern of violations and a series of deaths in detention. This situation necessitates the opening of a serious and independent investigation into suspicious deaths in custody, the establishment of genuine national accountability mechanisms, and an urgent review of the prison system and legal procedures to ensure the protection of the rights to life, dignity, and health.