Summary:
Nasiba Ben Ali is a Tunisian Politician and a former member of the 2019 parliament. On Tuesday, September 24th of 2024, on her way to Tunis-Carthage, intending to travel and return safely to her home and family, she was informed that she was banned from travelling due to a judicial decision following her involvement in a case related to conspiring against the State security.
Personal Information:
Name: Nasiba Ben Ali
Nationality: Tunisian
Occupation: Former member of the Tunisian parliament of 2019
Case: Conspiracy against state security
Violation incidents:
On September 24, 2024, headed to Tunis Carthage airport, with the intent to travel and return to her home and family, Nasiba Ben Ali found herself banned from leaving the Tunisian territory, having been informed by the Tunisian customs officers that her travel ban remains in effect. The victim revealed that this decision was issued in response to her participation in the plenary virtual session of the former Assembly of People’s Representatives, nearly a year since the president of the Republic initiated the action to freeze all parliamentary activities.
The events of the incident date back to last year, stemming from her discovery of a travel ban that had been imposed on her, following her return to Tunisia on September 9, 2023.
Upon her questioning the police of border and foreigners at Tunis Carthage airport regarding this interdiction, it was revealed that the ban was imposed by a decision from the investigating Judge on June 16, 2023, after which she submitted a request to the indictment chamber to appeal it.
Following her second travel attempt on September 24, 2024, believing that the ban should end after 14 months, Nassiba decided to hold a three-day strike at the airport when she was informed, she couldn’t travel, in protest of the ongoing delays and the judicial system’s failure to seriously consider her request to lift the travel ban.
The victim recounts that upon her stepping outside the airport for some fresh air, security prevented her from re-entering, informing her that she was not allowed back inside.
Human Rights Violations:
The decision to impose a travel ban on former member of parliament Nassiba Ben Ali on the grounds of her political activity and her role as an elected member of the parliament in that period, is a flagrant violation of Human Rights, especially the right to movement, which is a fundamental right embedded in the Tunisian Constitution of 2022, under Article 30 which states that Citizens have the right to choose their place of residence and the right to move freely within the country, as well as the right to leave it. Moreover, this right is protected by Article 13 of the Universal Declaration of Human Rights. The victim also stated that the ongoing travel ban against her is illegal, as law No. 40 of 1975, enacted on May 14, 1975, associated with passports and travel documents, states under Article 15 (Third) that in all cases, the travel ban must be lifted after 14 months from the date it was issued. In addition, attending a plenary meeting as a member of the parliament with the rest of the members is an action that should not be subjected to criminalization or lead to the trial of individuals. This falls under the right to engage in political activities freely, including holding meetings, forums, and similar activities, which is guaranteed under Article 20 of the Universal Declaration of Human Rights, stating that “Everyone has the right to freedom of peaceful assembly and association.”