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HomeNews‘Conspiracy trial’ restarts: What’s Tunisia’s historical past with dying penalty? | Human...

‘Conspiracy trial’ restarts: What’s Tunisia’s historical past with dying penalty? | Human Rights Information


A mass trial is about to renew in Tunisia of greater than 40 folks accused of varied conspiracies towards the Tunisian state and its president, Kais Saied.

The trial, initially scheduled to start on March 4, was postponed to April 11, then delayed once more for per week.

Among the many defendants are a few of the nation’s most senior opposition politicians, diplomats and media personalities who say the fees, together with liaising with “overseas powers” to undermine Saied’s rule, are trumped up and a logo of Tunisia’s democratic backsliding.

Practically all of the defendants face both prolonged jail sentences or the dying penalty.

Executions have been successfully suspended in Tunisia since 1991, regardless of judges handing down the sentence.

Would a few of the defendants be sentenced to dying on this case? And would such a sentence be carried out?

Let’s take a better look.

Does the dying penalty nonetheless exist as a punishment in Tunisia?

The dying penalty stays a authorized sentence out there to judges, however it hasn’t been carried out since 1991, establishing a de facto moratorium.

The 2014 structure does make particular allowances for authorized executions, however Tunisia has persistently supported United Nations efforts to ascertain a worldwide moratorium on the usage of the dying penalty since 2012.

Nevertheless, it has not abolished the dying penalty.

Have folks been sentenced to dying in Tunisia?

Whereas the final individual to be executed in Tunisia was the “Butcher of Nabeul”, serial killer Naceur Damergi, who was hanged in 1991, the penalty continues to function in laws and in sentences.

As not too long ago as February of this 12 months, eight people have been sentenced to dying for the 2013 homicide of opposition politician, Mohammed Brahmi, whereas, in March 2024, 4 got dying sentences for the killing the identical 12 months of one other politician, Chokri Belaid.

In 2022, 16 folks accused of being members of ISIL (ISIS) have been sentenced to dying over their half within the 2016 assault on the southern desert metropolis of Ben Guerdane, which killed seven civilians and 13 members of the safety forces.

Equally, in January 2020, a Tunisian courtroom sentenced eight people to dying for his or her involvement within the 2015 suicide bombing of a presidential guard bus in Tunis, which killed 12 presidential guards and injured 20.

Are a few of the ‘conspiracy case’ defendants dealing with the dying penalty?

Jaouhar Ben Mbarek, Khayam Turki, Issam Chebbi, Ghazi Chaouachi, Ridha Belhaj, and Abdelhamid Jelassi, who’ve been held in pretrial detention since February 2023, are charged, amongst different offences, with trying to “change the character of the state” underneath Article 72 of the Penal Code.

If discovered responsible, they might face the dying penalty.

One other defendant charged with trying to alter the character of the state is former Justice Minister Noureddine Bhiri, whose accusation rests on a sequence of social media posts he’s alleged to have authored.

Different costs towards defendants embrace plotting towards state safety and belonging to a “terrorist” group, each of that are capital crimes.

What’s President Saied’s angle in the direction of the dying penalty?

He helps it.

Through the first presidential hustings of 2019, Kais Saied readily admitted to his assist for the dying penalty, so long as it was carried out following due course of.

In 2020, responding to widespread outrage following the brutal killing of 29-year-old Rahma Lahmar, Saied once more returned to the difficulty, telling his safety council, “homicide deserves the dying penalty”.

Nevertheless, regardless of Saied’s previous public assist for the penalty, you will need to word that he has but to supervise its implementation, regardless of the wide-ranging purges of his political opponents and critics.

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