Summary:

Human rights activist and feminist Bochra Belhadj Hamida is facing a number of serious charges, including those of conspiracy against state security and committing a heinous act against the president of the Tunisian Republic. This comes in light of her opposition to the current regime and her criticism of the political authority and its management of the affairs of the Tunisian state.

Personal Information: 

Name: Bochra Belhadj Hamida

Nationality: Tunisian

Occupation: Lawyer, Political and human rights activist, feminist, and the former president of the Tunisian Association of the Democratic Women

Case: Conspiring against the state security and committing a heinous act against the President of the Republic

Incidents of Violation:

Bochra Belhadj Hamida is a lawyer and feminist activist, the former president of the Association of Democratic Women and a former member of the Tunisian parliament elected in 2014. During the emergence of the case known in the media as the “conspiracy case”, in which a several politicians, journalists and businessmen were accused, Attorney Bouchra Belhadj Hamida’s name was included in the list. She was informed of allegations in connection with the aforementioned case while on vacation abroad.

In order to strengthen the state’s narrative and attribute some kind of absent realism to the case and with the absence of any actual justifications or legal grounds, It was adapted as if she was feeling apprehension. In fact, the investigation relied on a set of baseless pieces of evidence that have no connection with “the conspiracy case.” Among these justifications was the victim of the violation, receiving a French merit award in 2022, which she earned because of her human rights activities, as well as previously received by any other male and female Tunisians. With the conclusion of the investigation on April 12, 2024,  she found herself facing charges related to terrorism, conspiracy, committing a heinous act against the president of the Republic, and other charges that could amount to the death penalty, along with 51 defendants in the case. She was also listed as being in the state of fugitive. It is worth noting that Attorney Bochra Belhadj Hamida has not received any legal summons in this regard but was informed of the charges against her by her lawyer.

Human Rights Violations:

The inclusion of Ms. Bochra Belhaj Hamida, in the case known to the media as the conspiracy case, comes within the context of a campaign launched by the current regime against individuals who oppose what was called the “July 25 course”, as the arrest of several Tunisian politicians in mysterious circumstances and their imprisonment for a period of 14 months without providing the minimum requirements for a fair trial. In addition, the listing of names, including the victim of the violation, Bochra Belhadj Hamida, and involving her in a terrorist case in the complete absence of any serious evidence that requires her punishment due to her political activity and opposition to the authority, is a violation of civil and political rights, as the International Covenant on Civil Rights stipulates in Article 19, Paragraph 1, which stipulates that “ Everyone shall have the right to hold opinions without interference.”

Moreover, the adoption of the counterterrorism law as a tool to suppress political opponents is a blatant blow to the rule of law and equality. It is considered only a regression from the concept of the rule of law and entrenchment of a tyrannical regime through the employment of state bodies with the aim of eliminating political opponents.

The right to political opposition is one of the fundamental and essential rights in modern democracies. This right allows individuals and groups to express their opinions and positions on various political issues, as well as reject government policies and decisions that they regard as inappropriate or unfair.

The law protects this right and guarantees political opponents protection from being subjected to any harm, threat, or persecution by the government or any other person. Furthermore, the targeting, defamation, and betrayal suffered by the victim of the violation represent a violation of the presumption of innocence enjoyed by every human being. Meanwhile, the political authority have insisted more than once on the convicting of all the defendants in this case, even before the judiciary issues its final verdict. This negatively reflects the independence of the judiciary and contradicts the principle of ensuring a fair trial in a climate where individualism and political decision prevail and overrule Justice.

Sources: 

Intersection Association for Rights and Freedoms documented this case after communicating directly with Bochra Belhaj Hamida on April 23, 2024, as well as reviewing the statement of the Association of Democratic Women and many newspaper articles and statements by lawyers about the defendants in this case.