Summary:

Mohamed Jihed Majdoub, a 3rd-year student in the Faculty of Medicine of Sfax, has been arrested and imprisoned since September 2023, where he has spent a year and a half, based on suspicions related to terrorism charges, amid a series of human rights violations.

Personal Information: 

Name: Mohamed Jihed Majdoub

Nationality: Tunisian

Occupation: student in the Faculty of Medicine of Sfax

Charges: The intent, coupled with preparatory acts, to kill a person, cause injuries, assault, or commit other forms of violence… and the deliberate joining, under any title, inside or outside the territory of the Republic, of a terrorist organization connected to terrorist crimes, and receiving training, under any title, inside or outside the territory of the Republic, with the intent to commit one of the terrorist crimes…

Violation incidents:

Jihed, a 21-year-old, 3rd year student in the Faculty of Medicine of Sfax, was arrested on 26 September 2023, in Kasserine, following a visit to a friend, with whom he had stayed for a short amount of time.

As he had nowhere to spend the night, he headed to a nearby café late at night, until he could find a way to go back home, and to his surprise, a group of police officers arrested him without any justification.

The father of the victim of the violation stated that the arrest of his son was based on his looks, specifically his unshaven beard, which he believes was the primary cause of his arrest. 

The officers searched his bag and found a shirt he said he always carries for prayer, along with a small copy of the Quran.

According to the victim’s father, the officers forcibly took Jihe00d’s phone from his hands and examined its contents. He also confirmed that they installed the Telegram app to check for any saved content, where they found some religious channels. Based on this, the Counter-Terrorism Unit was notified, and the victim was transferred to the capital, Tunis, for further interrogation. The investigation took place under conditions that did not meet even the minimum legal standards, as he was subjected to harassment, physical abuse, and intimidation to pressure him. His family was neither informed nor contacted for four days.

Additionally, Jihed’s lawyer stated that, during Jihed’s initial hearing with the investigating judge, authorities requested a complete review of his phone’s data. The goal was to show that Jihed often traveled around different regions of the country as a hobby, that he hadn’t used the mentioned app in a while, and that it wasn’t installed on his phone at the time of his arrest.

She also added that during questioning, Jihed was asked why he was in Kasserine, which investigators noted is not a typical tourist destination and is rarely visited recreationally.

 Jihed explained that he enjoys traveling and camping in various parts of the country as a hobby.

According to both his lawyer and his father, authorities later raided Jihed’s home in Sfax, where they found a weighted vest commonly used for fitness training to increase exercise difficulty. 

Although such vests are sold openly in sports stores across Tunisia, police officers label them bulletproof vests. They claimed, without any credible evidence, that it was intended for suspicious use. 

Six months after his arrest, an official report confirmed that the vest was strictly for athletic purposes and had no military features.

While detained at Mornaguia Prison, Jihed continued to endure violations. His father reported that he was placed in an overcrowded cell, despite suffering from respiratory issues and an inability to tolerate cigarette smoke. Additionally, he developed signs of scabies due to unsanitary conditions in the prison.

Jihed has reportedly been subjected to repeated harassment, resulting in multiple punishments including solitary confinement and a ban on family visits, which were reportedly denied around 12 times in a short span.

In addition to his lawyer’s statements, Jihed’s father confirmed that he was initially sentenced to five years in prison for allegedly intending to join, under any capacity, a terrorist organization operating inside or outside Tunisia. He received another five-year sentence for allegedly planning, along with preparatory acts, to commit murder, inflict harm, engage in violent acts, and cause damage to both public and private property, essential infrastructure, and national resources. Jihed was also sentenced to an additional five years of administrative surveillance.

Human Rights Violations:

The case of student Mohamed Jihed Majdoub involves several human rights violations, most notably Jihad’s right to a fair trial, the presumption of innocence, and protection from discrimination based on appearance.

Jihed was arrested without a clear legal justification or judicial authorisation, and in circumstances that lack transparency and legitimacy, as his arrest was based solely on his physical appearance. He was also subjected to discriminatory treatment, which contravenes Article 2 of the Universal Declaration of Human Rights, which prohibits all forms of discrimination as well as the International Convention on the Elimination of All Forms of Racial Discrimination, Article 5 of which provides for equality before the law in the enjoyment of civil, political, economic, social and cultural rights

His detention for nearly four days without informing or contacting his family constitutes secret detention and violates the minimum guarantees for detainees.

His imprisonment in an overcrowded cell, despite his medical condition (shortness of breath) and symptoms of scabies, violates Nelson Mandela’s Standard Minimum Rules for the Treatment of Prisoners

In addition to preventing him from visiting in prison up to 12 times, this constitutes a violation of his right to communicate with his family, a right guaranteed by Tunisian law and international conventions to protect the rights of persons deprived of their liberty

Moreover, according to testimonies related to the case, the trial of the victim of the violation was characterized by procedural arbitrariness. The identification of a sports jacket as a bulletproof vest, despite the absence of any evidence, and the acknowledgment that it was intended for sports use, shows an arbitrary interpretation of the facts

Therefore, sentencing him to 10 years of imprisonment and 5 years of administrative supervision, despite the absence of any act requiring it, amid the various human rights violations mentioned above, raises serious questions about the lack of fair trial guarantees and the proportionality of this punishment to the act committed by the victim of the breach.