Summary:
Mousaib El Gharbi is a Tunisian political activist, who has been arrested since July 2024 and has spent almost half a year in prison, facing conditions that violate his right to a fair trial and involve several human rights violations.
Personal Information:
Name: Mousaib El Gharbi
Nationality: Tunisian
Region: Tunis
Occupation: political activist
Case: covering up an individual wanted by justice
Violation Incidents:
On July 13, 2024, Mousaib El Gharbi, along with politicians Ajmi El Ouarimi and Mohamed El Ghannoudi, was detained by the National Guard’s Research and Inspection Unit in Tebourba, specifically in the region of Borj El Amri.
Mousaib found himself charged with concealing a wanted individual for justice, and throughout the first week of questioning, he was denied access to his lawyer, as his arrest and interrogation were conducted under anti terrorism laws.
On July 18 ,2024, the public prosecutor at the Judicial Pole for Combating Terrorism extended Mousaib’s detention for five more days, until July 23. On that day, the investigation judge at the Judicial Pole for Combating Terrorism issued a prison order against him.
His brother recalls that Mousaib went without food or water for a full 24 hours that day, and that the news of his imprisonment was shared on social media before the session had even ended.
Once Mousaib was imprisoned, his family reported extremely harsh conditions, as he was put in an overcrowded cell with more prisoners than the capacity allowed. His legal team sent requests to both the prison and the Ministry of Justice to transfer him to a different cell, and eventually, the authorities agreed and moved him.
Despite being transferred, the mistreatment persisted and Mousaib was placed in solitary confinement after a dispute with a prison officer who repeatedly labeled him as “terrorist” and he was also denied the right to engage in prison activities and barred from reading books for two months. Additionally, he was isolated and forbidden from communicating with other prisoners after being branded a “terrorist” multiple times.
On January 10, 2025, Mousaib went on a hunger strike in protest for the conditions of his imprisonment and not setting a trial session for his prosecution, and the authorities promised to end the strike by arranging a trial.
On January 23, 2025, the investigation into the case against Mousaib El Gharbi was closed without a trial date.
Lawyers have been banned from visiting him since January 22, 2025, and Mousaib is scheduled to appear before court specialized in terrorism cases on February 20, 2025.
Human Rights violations :
The detention of Mousaib Gharbi, with no prior judicial permission, represents a clear violation of legal procedures. In fact, the Tunisian Constitution states that no one can be arrested or detained without a court order, and Mousaib’s brother claimed that the arrest happened with no authorization. Additionally, preventing lawyers from visiting Mousaib is a violation of Law N.5 of 2016, and as the Article 13 states“A lawyer has the right to visit their client if requested and meet with them privately once during the detention for up to half an hour”.
Also, the inhuman conditions Mousaib faced in prison are a clear violation of his rights, and According to Article 36 of the Constitution “Every prisoner has the right to be treated humanely and have their dignity respected”.
In addition to that, Not setting a date for his trial goes against Article 10 of the Universal Declaration of Human Rights, which says: “Everyone has the right to a fair and public hearing by an independent and impartial court, to decide on their rights, duties, and any criminal charges against them”. Which also contradicts Article 14 of The International Covenant on Civil and Political Rights that explains: “Everyone is equal before the courts…Everyone has the right to a fair and public hearing by an independent and impartial court for any criminal charge or civil case… The press and public may be excluded from part or from all of the trial”.
Also, the situation of the victim contradicts Article 33 of the Tunisian Constitution, which affirms “The accused is innocent until proven guilty in a fair trial, with all defense rights guaranteed during the investigation and trial”.
Mousaib El Gharbi’s nearly seven months of detention without a fair trial, along with harsh prison conditions and delays in his case, show a clear violation of his human rights, which appears to punish him for his political views.