Summary:
Siwar Bargaoui is a political activist, treasurer of the “Azimoun” Movement and a volunteer of the officially accepted candidate Ayachi Zammel’s campaign for the presidential elections set for October 6. She has been accused of allegedly forging electoral endorsements, leading to security harassment and judicial proceedings against her.
Personal Information:
Name: Siwar Bargaoui
Nationality: Tunisian
State: Tunis
Occupation: political activist
Case: Article 199 of the Penal Code related to the forgery of electoral endorsements.
Article 80 of Organic Law No. 2018/25 concerning the protection of personal data.
Incident Violations:
Political activist Siwar Bargaoui was summoned for questioning on Friday, August 16, 2024, following the submission of three complaints from citizens who accused her of forging their endorsements in favor of the previously mentioned candidate. Subsequently, on August 19, 2024, a detention order was issued against her.
Due to a series of violations she experienced, including harassment and pressure, the victim urgently sought care at El Rabta Hospital, where she received a medical certificate for three days, considering her chronic illness.
Upon her return on Monday, August 19, 2024, the competent authorities conducted three tests, the results of which indicated a possibility of forgery. Since the investigation process was conducted quickly and largely aligned with the victim’s testimony, the defense team questioned the validity of these results, despite this, the public prosecutor’s office issued a detention order against her for 48 hours.
Alongside the ongoing investigations into the existing complaints, an additional complaint with the same accusation has been filed, raising the total to 14, all based on the same allegations, however, the investigations remain in progress.
Consequently, on August 21, 2024, Siwar Bargaoui was brought before the criminal chamber of the Court of First Instance in Tunis, where she was charged of allegedly forging presidential endorsements under Article 199 of the Penal Code and Article 80 of the Organic Law on the Protection of Personal Data, subsequently the court issued a detention order against the victim, resulting in her being put into custody.
Placed in the women’s prison in Manouba, the victim recounts being subjected to a thorough search of her entire body, along with inhumane treatment during her stay, in addition, she was confined to an overcrowded cell that exceeded its capacity for inmates.
On August 30, 2024, Siwar was released, with her case postponed until September 19, 2024, informing her that she was prohibited from leaving the jurisdiction of the Court of First Instance of Tunis and would be subject to daily administrative monitoring, with Monday, September 9, 2024, being designated as the date for her appearance before the judicial police in Sidi Hassine to continue the investigation, where she was questioned about the14 complaints concerning the allegations of forgery of endorsements. She described being subjected to a series of questions unrelated to the investigation, focusing instead on her political activities during the campaign, which can be perceived as an infringement on her civil and political rights.
Additionally, the victim recounts being asked about the lawyers accompanying her and how their fees were paid, which constitutes harassment that undermines fair trial principles and violates Siwar’s right to defense, that is guaranteed by the constitution and international Human Rights principles.
Human Rights violations:
The decision to detain Siwar Bargaoui and the complaint that followed on the grounds of her political activism are viewed as flagrant violation of her civil and political rights, constituting a violation of Article 3 of the International Covenant on Civil and Political Rights which declares “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”. Moreover, this right is protected by the Tunisian Constitution of 2022, under Article 22 which states “The State guarantees citizens, both men and women, individual and public rights and freedoms and provides them with the means for a dignified life”. Thus, the suspicion of falsifying endorsements doesn’t strip Siwar of her presumption of innocence or justify restricting her freedom before any ruling has been made against her, this is in addition to the conditions she faced in prison, despite Article 36 of the Constitution stating: “Every prisoner has the right to humane treatment that preserves their dignity.”
Sources:
Intersection Association for Rights and Freedoms documented with Siwar Bargaoui on September 5,2024 and contacted the victim’s lawyer on September 6,2024.