English Below
ملخص:
الحبيب اللوز مواطن تونسي، وحرمانه من حريته لا يعني حرمانه وحقوقه الأساسية التي يكفلها له دستور الجمهورية التونسية، وتحميها المواثيق الدولية، ومن واجب الدولة التونسية الإيفاء بها وتوفيرها له ولكافة المواطنين بما في ذلك الأشخاص المحرومين من حريتهم.
Summary:
Habib Ellouze, a former deputy in the constitutional Assembly and leader in the Ennahda movement, has been detained in the civil prison of Mornaguia, where he is enduring a series of human rights violations related to his health, as he is subjected to medical negligence that is putting his life at a serious risk.
Personal Information:
Name: Habib Ellouze
Age: 72
Occupation: former deputy in the constitutional Assembly and leader in the Ennahda movement.
Violation Incidents:
Habib Ellouze, former deputy in the constitutional Assembly and leader in the Ennahda movement, has been imprisoned since March 2023, on the grounds of a number of cases, notably the well-known media case “Conspiracy Case 2”, where he was initially sentenced to 12 years behind bars.
During his incarceration in the Civil Prison of Mornaguia, Habib Ellouze has been suffering from a health crisis, as his condition requires extreme care and treatment. In fact, he has spent the majority of his detention in the hospital since he suffered from recurrent strokes, as well as the deterioration of his health is due to poor medical care inside the prison facility, which constitutes a form of systematic neglect.
In his testimony, his son Zied Ellouze insists that his father’s health condition requires special treatment for his eyes, which demands contact lenses accompanied by eyeglasses to be able to see properly. He also added that he is in need of an eye cleaner that is not available in prison, and that they faced administrative complications regarding some necessary documents in order to bring in the medication, which led to a permanent swelling in his eye that could lead to permanent blindness.
In addition to the prison administration’s refusal to provide the medication for his eyes, Habib Ellouze suffers from several health problems, since he is in his 80s and has high blood pressure as well as diabetes.
A member of his defense team stated that it was confirmed that during one of the hearings, Habib Ellouze attended in a wheelchair, and that he still suffers the aftereffects of a stroke, is unable to hear or see properly, and cannot distinguish clearly. This led her to withdraw from representing him due to the lack of fair trial conditions, as the judge did not take into account his health condition, which prevents him from defending himself or following the proceedings
Human Rights Violations:
What Habib Ellouze has been subjected to in prison constitutes a series of grave human rights violations, starting with the conditions of his detention, where he has been deprived of medical treatment and of conditions that are compatible with his critical health situation and advanced age. This stands in clear contradiction with Article 7 of the International Covenant on Civil and Political Rights, which stipulates that no one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.
This principle is also consistent with Article 5 of the African Charter on Human and Peoples’ Rights and Article 5 of the Universal Declaration of Human Rights.
Furthermore, the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) obligate authorities to treat detainees in a manner that preserves their human dignity, which is a standard that has not been respected in Ellouze’s case.
Additionally, depriving Habib Ellouze of the necessary medical care, including the medication for his eyes, as testified by his son, despite his critical health condition and age, which require constant medical treatment, and the persistent delays in allowing his family to provide the necessary medicine to enable him to see properly, constitute a blatant violation of the right to life and health. This right is protected under Articles 6 and 10 of the International Covenant on Civil and Political Rights, Article 25 of the Universal Declaration of Human Rights, and Article 16 of the African Charter, which affirms that every individual has the right to enjoy the best attainable state of physical and mental health, and obliges States Parties to take necessary measures to ensure access to medical care when needed.
Moreover, the Constitution of the Republic of Tunisia guarantees the right to health for all, under Article 43, which stipulates that “health is a right for every human being.”
The Nelson Mandela Rules also attach great importance to prisoners’ health, stressing the need to provide healthcare equivalent to that available in the wider community; a standard not upheld in Ellouze’s case. The authorities’ insistence on delaying the entry of necessary medicines and their disregard for his serious health condition amount to a clear breach of these international standards.
In addition, his deteriorating health prevents him from following the course of hearings or exercising his right to defend himself. The court’s disregard for this reality directly undermines his right to health and human dignity, and violates Tunisia’s international obligations, particularly Article 5 of the Universal Declaration of Human Rights, which prohibits cruel treatment; Article 10, which guarantees everyone the right to a fair and public hearing before an independent and impartial tribunal; and Article 25, which guarantees the right to an adequate standard of living that ensures health and well-being.
This situation also conflicts with Article 14 of the International Covenant on Civil and Political Rights, which guarantees every defendant the right to defend themselves and to be provided with all necessary guarantees for a fair trial.
Habib Ellouze is a Tunisian citizen, and being deprived of his liberty does not mean being deprived of his fundamental rights guaranteed by the Tunisian Constitution and protected by international conventions. It remains the duty of the Tunisian State to uphold and provide these rights to him and to all citizens, including those deprived of their liberty.