Summary:
Tunisian human rights activist Wael Zarrouk was arrested on 7 July 2026 after being flagged during an identity check based on a default judgment issued by the Court of First Instance in Tunis on 13 March 2026. He was sentenced to one year in prison for “attributing unlawful acts to a public official” under Article 128 of the Tunisian Penal Code. The case stems from remarks he made during a 2022 television debate in which he recounted his personal experience of imprisonment and criticized the Tunisian prison system.
Following an objection to the default judgment, a hearing to reconsider the case was scheduled before the Tunis Court of Appeal on 30 July 2026.
Personal Information:
Name: Wael Zarrouk
Nationality: Tunisian
State: Tunis
Occupation: Human rights activist
Charges:
Article 128 of the Tunisian Penal Code, which provides that:
“Any person who publicly, through speeches, the press, or any other means of publication, attributes unlawful acts related to the performance of his or her duties to a public official or a person assimilated to a public official, without proving the truth of such allegations, shall be punished by two years’ imprisonment and a fine of 120 Tunisian dinars.”
Violation Incidents:
On Tuesday, 7 July 2026, human rights activist Wael Zarrouk was arrested during a routine identity check after authorities discovered that he was wanted in connection with a case dating back to 2022. He was initially taken to the National Guard district headquarters in La Marsa before being transferred at approximately 4:00 a.m. on 8 July 2026 to the National Guard district in Bardo, where he met with his lawyer and was informed that a default judgment had been issued against him.
The case relates to his participation in a 2022 television programme broadcast on a private channel, where he took part in a public debate alongside young activists and representatives of public institutions. During the discussion, he recounted a previous experience of detention and criticized conditions within Tunisia’s prison system.
On the evening of 8 July 2026, Wael Zarrouk was transferred to the Bouchoucha detention centre, where he spent the night before being brought before the Public Prosecutor on the morning of 9 July 2026. During these proceedings, he learned that the Court of First Instance of Tunis had issued a default judgment on 13 March 2026 sentencing him to one year in prison under Article 128 of the Penal Code for “attributing unlawful acts to a public official.” According to his testimony, he had never received any official summons or notification informing him that criminal proceedings had been initiated against him before the judgment was issued.
His lawyer subsequently filed an objection to the default judgment and challenged the legality of his arrest, after which he was provisionally released. Following the acceptance of the objection, the case was scheduled for reconsideration before the Tunis Court of Appeal on 30 July 2026.
Human Rights Violations
The documented facts raise concerns regarding several violations of rights and freedoms protected under the 2022 Tunisian Constitution and Tunisia’s international and regional human rights obligations. The arrest and prosecution stem from statements made by Wael Zarrouk during a public discussion on the prison system, while the documented circumstances also raise concerns regarding personal liberty and fair trial guarantees.
First, the circumstances of his arrest and transfer between security facilities, together with his account that he was not promptly and clearly informed of the reasons for the proceedings against him, raise concerns regarding the right to liberty and security of person. This right is guaranteed by Article 35 of the 2022 Constitution, Article 9 of the International Covenant on Civil and Political Rights (ICCPR), as interpreted by Human Rights Committee General Comment No. 35, and Article 6 of the African Charter on Human and Peoples’ Rights.
Second, the criminal proceedings appear to be directly linked to statements Wael Zarrouk made during a television programme in which he shared his personal experience of imprisonment and criticized the prison system. As these remarks were made in the context of a public debate concerning matters of public interest and the functioning of public institutions, the case raises concerns regarding the protection of freedom of opinion and expression. These rights are guaranteed under Article 37 of the 2022 Constitution, Article 19 of the ICCPR, Human Rights Committee General Comment No. 34, and Article 9 of the African Charter on Human and Peoples’ Rights. Criminal prosecution in such circumstances risks discouraging individuals, including human rights defenders, from participating freely in public debate and expressing views on public institutions.
The issuance of a default judgment, together with Wael Zarrouk’s statement that he never received any official summons or notification before the judgment was rendered, also raises concerns regarding respect for fair trial guarantees and the right to defense. These rights are protected by Article 33 of the 2022 Constitution, Article 14 of the ICCPR, Article 7 of the African Charter on Human and Peoples’ Rights, as well as the UN Basic Principles on the Role of Lawyers and the Basic Principles on the Independence of the Judiciary. If he was not properly notified of the proceedings, his ability to exercise his procedural rights and prepare his defense may have been seriously impaired.
More broadly, these facts raise concerns regarding the compatibility of the security and judicial measures taken with Tunisia’s constitutional and international obligations, particularly those relating to the protection of personal liberty, freedom of opinion and expression, and the guarantees of a fair trial and the rights of the defense, fundamental principles of the rule of law and the protection of human rights defenders.