Summary:
Siwar Bargaoui, a young political activist, volunteered in the electoral campaign of politician Ayachi Zammel. She was accused of allegedly forging electoral endorsements. This accusation subjected her to security harassment and judicial prosecution in 17 separate cases, based on Article 199 of the Penal Code and Article 80 of the Organic Law on the Protection of Personal Data. The violations Bargaoui endured present a troubling example of the deteriorating human rights situation inside Tunisia’s prison system and underscore the persistence of medical neglect, discriminatory practices, and harsh treatment in detention facilities.
Methodology:
This documentation was prepared by the Intersection Association for Rights and Freedoms following the collection and review of information related to the legal proceedings involving young political activist Siwar Bargaoui. The data was sourced from multiple channels and analyzed with attention to the chronological and procedural evolution of the case. The Association also conducted a direct interview with the victim’s legal representative, Mr. Sami Ben Ghazi. The documented events were assessed in comparison with national constitutional provisions and international treaties ratified by the Tunisian state, particularly those concerning the right to political and civic participation.
Chronology of Violations
Siwar Bargaoui, a young political activist, serves as the treasurer of the Azimoun Movement and was a member of the electoral campaign for politician Ayachi Zammel, an officially accepted candidate in Tunisia’s 2024 presidential elections. She was accused of allegedly forging voter endorsements, an allegation that subjected her to security harassment and judicial proceedings in 17 separate cases.
The case began on August 16, 2024, when Bargaoui was summoned for questioning following complaints filed by three citizens who alleged that she had forged their endorsements while collecting signatures in support of the candidate.
On August 19, the authorities conducted a technical analysis, which suggested a possibility of forgery. However, Bargaoui’s legal defense team contested the results, arguing that the assessment was rushed and that such a claim required the expertise of a certified handwriting specialist to compare the contested signatures with the individuals’ original, personal signatures. On the same day, the Public Prosecutor issued an order to place her in custody for 48 hours.
In addition to the complaints being investigated, 6 complaints were added with the same charge, bringing the total number of complaints to 17, all with the same charges. This amounted to splitting a single case across multiple files, corresponding to the number of collected endorsements, even though investigations and assessments were still ongoing.
On August 21, 2024, Bargaoui was referred to the Misdemeanor Chamber of the Court of First Instance of Tunis 2, where she was formally charged with suspected forgery of presidential endorsements under Article 199 of the Penal Code and Article 80 of Organic Law No. 25 of 2018 on the Protection of Personal Data. The chamber issued a pretrial detention order, and she was transferred to the Manouba Civil Prison for Women.
Her lawyer, Mr. Sami Ben Ghazi, reported that upon her arrival at the prison, Bargaoui was subjected to a full-body search that violated her human dignity, mistreated by prison staff, and placed in an overcrowded cell that exceeded its intended capacity.
On August 30, 2024, Bargaoui was provisionally released, and her hearing was rescheduled for September 19, 2024. She was also notified that she was prohibited from leaving the jurisdiction of the Tunis 2 Court, placed under daily administrative supervision, and instructed to appear before the Criminal Investigation Division in Sidi Hussein on September 9, 2024, for continued questioning.
In a previous statement to the Intersection Association for Rights and Freedoms, Siwar Bargaoui explained that she was questioned about her political activities, her role in the campaign, and the purpose of her involvement. She described these inquiries as a form of political harassment that violated her right to organize and participate in political life. She was also repeatedly asked about the lawyers accompanying her, including how their services were being paid for and whether they were working voluntarily. These questions, she noted, undermined her right to legal defense and interfered with her freedom to choose her own legal representation.
On September 27, 2024, Bargaoui was arrested again as she was reporting for her administrative check-in. On September 30, 2024, the Court of First Instance sentenced her to 12 years in prison with immediate effect on charges of forging presidential election endorsements, based on Article 199 of the Penal Code and Article 80 of Organic Law No. 25 of 2018, across nine of the 17 cases. She was re-detained at the Manouba Civil Prison for Women.
Requests for Siwar Bargaoui’s release were repeatedly denied. According to her legal team, on Tuesday, October 8, 2024, the court rejected her latest release request, ordering that she remain in detention.
In the appellate phase, the Tunis 2 Court of Appeals issued a ruling on January 10, 2025, reducing her sentence from 12 years to 4 years and 7 months, across approximately nine case files. This decision was issued even though Bargaoui was not granted the right to consolidate the cases or benefit from case merging procedures.
In 2025, political activist Siwar Bargaoui faced eight new cases brought against her, all based on the same charges as those previously filed. The Court of First Instance of Tunis is scheduled to examine these cases, with a hearing set for October 27, 2025, although investigations remain ongoing.
During her detention, political activist Siwar Bargaoui was subjected to a series of serious violations that amounted to cruel and degrading treatment, in clear breach of international human rights standards. According to her lawyer, she was held in conditions lacking even the most basic health and environmental requirements, which resulted in a noticeable deterioration in both her physical and mental health.
Human Rights Violations:
The judicial actions brought against political activist Siwar Bargaoui and the disproportionate prison sentences imposed on her amount to a series of grave human rights violations on multiple levels. These include infringements of her rights to personal liberty and freedom of political organization, as well as humane treatment, the right to defense, and the right to a fair trial. Such violations breach national and international legal frameworks intended to protect individual rights in the context of political prosecutions.
Her right to personal liberty was violated through arbitrary detention, in contravention of Article 9 of the International Covenant on Civil and Political Rights (ICCPR), which guarantees every individual the right not to be subjected to arbitrary arrest or detention without legal justification. The charges brought against her did not require imprisonment, and she could have remained at liberty pending proceedings.
Her detention can also be seen as part of a broader pattern of political harassment aimed at curbing her participation in political life, thereby violating freedom of expression and the right to association. A mere suspicion of forging endorsement forms does not strip Bargaoui of the presumption of innocence, yet it has deprived her of her liberty before any conviction was issued. This principle is affirmed by Article 27 of the Constitution of the Republic of Tunisia, which provides that an accused person is presumed innocent until proven guilty in a fair trial that guarantees all rights of defense throughout the stages of prosecution and trial.
Moreover, the treatment Bargaoui has endured raises concerns under Article 3 of the ICCPR, which affirms the state’s obligation to ensure that all individuals, regardless of gender, enjoy equal access to civil and political rights. The article reads: “The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.”
In addition, this right is protected under Article 22 of the 2022 Constitution of the Republic of Tunisia, which guarantees citizens, men and women alike, their individual and public rights and freedoms, and provides them with the means for a dignified life.
Bargaoui was also prosecuted in conditions that failed to meet the requirements of a fair trial. Under Article 14 of the ICCPR, defendants are entitled to a public and fair hearing before a competent, independent, and impartial court. In her case, the charges relied on suspicions and expedited technical assessments, without conclusive evidence to substantiate the allegations. Moreover, splitting the matter into 17 separate cases—reflecting the number of endorsements—constitutes an excessive and punitive approach designed to exert pressure on the defendant, and it is incompatible with the principles of legality and equality before the law.
It should be noted that despite the Tunisian law allowing the judge to consolidate related cases that share the same purpose, no such consolidation of the charges or sentences was carried out. Moreover, under prosecutorial discretion, the Public Prosecution has the authority to merge reports and complaints in line with the principle of judicial prosecution, whereby similar or connected cases may be grouped into a single file for appropriate legal action.
Siwar Bargaoui was further subjected to violations of her right to choose her own legal counsel. She was repeatedly questioned about how she paid her lawyers’ fees or whether they were working voluntarily. Such inquiries constitute a blatant violation of the right to legal defense, enshrined in Article 14 of the International Covenant on Civil and Political Rights (ICCPR). Questions of this nature undermine and intimidate the defendant’s ability to exercise her right to defense.
In addition, interrogating Bargaoui about her political activity, her role in the electoral campaign, and directing unlawful questions regarding her lawyers constitutes an infringement of her political freedoms and the right to organize. These acts amount to violations of Article 21 of the Universal Declaration of Human Rights (UDHR), which guarantees every individual the right to participate in public affairs and enjoy political rights without unlawful interference. Such practices reflect political harassment aimed at intimidating political activists.
The violations did not end with the trial or investigation but persisted throughout her imprisonment, where she was subjected to neglect and inadequate detention conditions. Such treatment stands in clear breach of Tunisia’s obligations under Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which affirms the right to health and to a healthy environment—rights that apply equally to all individuals, including those deprived of their liberty. It further contravenes Article 5 of the African Charter on Human and Peoples’ Rights, which prohibits cruel, inhuman, and degrading treatment.
Taken together, the violations endured by Bargaoui, including arbitrary arrest, denial of a fair trial, political harassment, cruel and degrading treatment, and the disregard of her rights to defense and healthcare, stand in direct contradiction to both national law and the international human rights obligations binding on Tunisia. They expose the instrumentalization of judicial mechanisms to silence dissent and target political rivals, particularly in the context of recent electoral processes. Ensuring accountability for these violations is imperative, alongside a thorough review of legal procedures to safeguard justice and prevent the judiciary from being misused as a tool of political repression.
