المصدر: تم توثيق حالة المواطن منصف العمدوني بعد التواصل مع زوجته عبر الهاتف بتاريخ 21 فيفري 2024، ومقابلة مع محامي ضحية الانتهاك الأستاذ محسن السحباني في 23 فيفري 2024.

Summary:

Moncef Amdouni is an employee of a political party who has been in prison since May 2023 following a case related to the possession of foreign currency in 2015. The case was referred to the judiciary, and a final verdict was issued, which made Moncef Amdouni’s imprisonment illegal and a flagrant violation of his rights.

Personal Information: 

Name: Moncef Amdouni

Occupation: employee of the Ennahdha movement

Charges: Formation of a criminal coalition aimed at money laundering using facilities due to professional and social activities, illegal possession of foreign currency, giving false testimony in the crime of forming a coalition for money laundering, deliberately concealing the evidence of the crime, and participating in all of the crimes mentioned above. Referral under Articles 92/93/94/96/97 of the Basic Law No. 26 of 2015. Articles 6, 22, 35, 36, and 37 of Law No. 18 of 1976, dated January 21, 1976, and Articles 32, 56, 57, 158, 241, and 244 of the Penal Code


Incidents of Violation:

On May 5, 2023, Moncef Amdouni, an employee of the Ennahdha Movement, was arrested without any legal justification by the internal security forces in front of his house in the “Jardin d’El Menzah” area. It was later revealed that the reason for the arrest was due to a written tattletale filed by a person who had robbed the victim’s property. This incident dates back to 2015 when Moncef Amdouni’s house was robbed, and a sum of money in foreign currency slightly exceeding the maximum allowed by law was found. According to his wife, the source of the funds was proven to belong to a relative who lives abroad. In addition, the lawyer of the victim of the violation confirmed that the case was referred to the judiciary, and a verdict was issued against the burglar. At the same time, the charges against Moncef Amdouni were dropped after he resolved the issue by filing a reconciliation request, considering that the case was primarily civil.


In 2023, the police forces arrested the same young man who committed the robbery in 2015 in another case related to his possession of a narcotic substance. In his testimony to Intersection Association for Rights and Freedoms Association, the violation victim’s lawyer stated that during the investigation with the young man, he confessed that in 2015 he stole a large amount of money from politician Sahbi Atigue’s house, despite the house did not belong to him, and this was included in the investigation reports from the previous case.

Furthermore, the fact that the judiciary had previously issued a ruling in the case means that the detention of Moncef Amdouni in prison along with Sahbi Atigues is contrary to all legal procedures. The lawyer considered that the reason for his clients’ imprisonment was the lack of charges and evidence against the journalist Atigues. The proximity of these residences of both individuals has been exploited to fabricate a case based on false testimony without any evidence and relying on a case that the judiciary had ruled on more than 9 years ago.

The lawyer of the victim of the violation, Moncef Amdouni, also noted that he was initially prevented from visiting his client and being present with him during the initial investigation. It is worth noting that he was not referred under the terrorism law, which prohibits lawyer visits for 48 hours. However, when he was asked about the reason for this, he was informed that it was "oral instructions." This stresses that the current case is marred by several procedural and legal irregularities, especially regarding charges such as "perjury in the crime of forming coalition aiming at money laundering,” which have no legal basis. Moreover, there are violations against his clients, which makes this case essentially political, especially in the absence of guarantees of a fair trial and extension of the detention period for the victims without any development in the case or legal justifications for their imprisonment.

Human Rights Violations:

The arrest of the victim of the violation, Mr. Moncef Amdouni, and his interrogation in a case that the judiciary had already ruled is a clear violation of the law. This investigation was based on an oral memo, which constitutes a procedural irregularity, without any authorization for his arrest from the competent authority. In addition, the prevention of his lawyer from accompanying him during the investigation based on oral instructions represents a clear violation of the victim’s rights as he is entitled to a lawyer according to Law No. 5 of 2016, dated February 16, 2016 which amends and completes of some provisions of the of Penal Code. Furthermore, all elements of a fair trial are absent, which govern civil and criminal procedures from the very beginning, as well as the principle of the presumption of innocence, which is of fundamental importance in the field of all proceedings. This right is also protected by international and regional instruments, including Article 14 of the International Covenant on Civil and Political Rights, and Article 7 of the African Charter on Human and Peoples' Rights. Despite refuting all the charges and the lawyer's assertion of the lack of validity and respect for the legal procedures in handling the case, according to the victim’s family and the lawyer, Moncef Amdouni’s situation is the result of a political context that led to his imprisonment due to his association with a leader in the Ennahda Movement party. Although he was working as an employee responsible for workers at the party's headquarters. As a result, he remains imprisoned at the Monarguia Civil Prison for 10 months without any justifiable reason, with his family being denied visitation several times without a clear justification for his detention.

Sources: 

The case of citizen Moncef Amdouni was documented after communicating with his wife by phone on February 21, 2024, and an interview with his lawyer, Mr. Mohsen Chaabani, on February 23, 2024.