Saied

Tunisia sentences lawyer and Saied critic to five years in prison | Human Rights News

A Tunisian court has sentenced Ahmed Souab, a lawyer and fierce critic of President Kais Saied, to five years in prison, his lawyer said, in a case that rights groups say marks a deepening crackdown on dissent in the North African country.

Defence lawyer Yosr Hamid said on Friday that her client had received an additional three-year sentence of “administrative supervision” after he was arrested in April following criticism of the legal process in a trial of prominent figures, including opposition leaders.

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Souab’s trial on “anti-terror” charges lasted just seven minutes, according to Hamid, who voiced fears it sets a troubling legal precedent.

Hundreds of opposition figures, lawyers, journalists, trade unionists and humanitarian workers in Tunisia are being prosecuted for “conspiracy” or in connection with a “fake news” decree by authorities.

That legislation, Decree Law 54, has been criticised by rights activists, who are concerned over its broad interpretation by some courts.

Souab, 68, was not allowed to appear in court on Friday, declining to testify via videolink, according to Hamid. His legal team refused to enter a plea under the conditions.

Souab faces around a dozen charges related to the presidential decree on false information.

“The hearing lasted only seven minutes” before the judge retired to deliberate, Hamid told the AFP news agency on Friday.

He said there was a “lack of fundamental grounds for a fair trial” and that the decision to sentence after a one-day trial set “a precedent”.

Mongi Souab, the defendant’s brother, said authorities “prevented family members from entering” the court, criticising the brevity of the trial.

‘A dangerous escalation’

Souab was arrested in April after criticising the trial process for about 40 prominent figures, including opposition leaders, in a case related to “conspiracy against state security”.

Among those targeted in that case are figures from what was once the biggest party, Ennahdha, such as the leader and former Speaker of Parliament Rached Ghannouchi, former Prime Minister Hichem Mechichi, former Minister of Justice Noureddine Bhiri, and Said Ferjani, a member of the party’s political executive.

Souab was one of the principal defence lawyers.

After a trial involving just three hearings, without closing arguments or defence pleas, Souab accused authorities of putting “a knife to the throat of the judge who was to deliver the verdict”.

An anti-terrorism court interpreted the comment as a threat to the judges, and he was detained over it, but Souab’s lawyers said it was a reference to the huge political pressure on judges.

Heavy prison sentences of up to 74 years were handed down to those accused in the “conspiracy” mega-trial. The appeal related to that trial is scheduled to take place on November 17.

Silencing dissenting voices

Several dozen people demonstrated outside the court on Friday, brandishing photos of Souab and chanting that the country was “under repression and tyranny”.

Several Tunisian and foreign NGOs have decried a rollback of rights and freedoms since Saied seized full powers in 2021 in what critics have called a coup.

Separately on Friday, Tunisian authorities ordered the suspension of the Nawaat journalists’ group, which runs one of the country’s leading independent investigative media outlets, as part of a widening crackdown.

The one-month suspension follows similar actions against prominent civil society groups such as the Tunisian Forum for Economic and Social Rights and the Association of Democratic Women, both known for defending civil liberties.

Authorities cited financial audits linked to foreign funding as justification, but rights advocates said the real aim was to silence dissenting voices.

The National Union of Tunisian Journalists condemned the suspension as “a dangerous escalation in efforts to muzzle independent journalism under an administrative guise”.

Founded in 2004, Nawaat carried out investigations on corruption and human rights abuses before and after the revolution. In a statement, it said it would not be “intimidated by the current political climate or campaigns of defamation”.

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Confrontation between Tunisia’s General Union, President Saied escalates | Politics News

Tunisia’s General Labour Union (UGTT) is poised to take on President Kais Saied in a protest scheduled for August 21.

The union called for a protest against what it says are government attempts to undermine workers’ rights, and the use of intimidation to curb strikes, referring to a three-day UGTT transport strike at the end of July.

Since he seized power on July 25, 2021, Saied has radically undermined the role of parliament and political parties while granting himself vastly increased powers through a constitution revised according to his edicts.

Yet the UGTT’s ability to mobilise its hundreds of thousands of members stands as one of the few remaining counters to Saied, analysts say.

“The UGTT has always been more than just a trade union,” Hamza Meddeb of the Carnegie Institute, who has written extensively on the organisation, told Al Jazeera.

“It was established even before Tunisian independence, and played a significant role in achieving that,” he said of Tunisia’s liberation from France in 1956.

“Since then, it’s played both an economic role … as well as a political role, such as in 2015, when it was the principal force behind establishing the National Dialogue,” Meddeb continued, referring to a political crisis when the UGTT and three other civil society organisations helped prevent the collapse of Tunisia’s post-revolutionary democracy.

Kais Saied
Tunisia’s President Kais Saied  [File: Johanna Geron/Pool via Reuters]

Inevitable confrontation

Matters reached a head between UGTT and Saied on August 7 when hundreds of Saied’s supporters rallied outside UGTT headquarters, accusing it of “corruption” and “squandering people’s money” after a three-day transport strike in late July paralysed much of the country.

The following night, Saied defended the anti-union protesters, repeating their calls for union “accountability” and stressing that, contrary to claims from both the UGTT and rights groups, his supporters had not intended violence.

“There are files that must be opened because the people are demanding accountability … so that their money can be returned to them,” Saied said in a video posted on the presidency’s official Facebook page.

Further confrontations between the president and the union were inevitable, but many analysts point to what they say is a union weakened by internal schisms and the threat to its decades-long monopoly on union power in Tunisia.

“For the past two years, the UGTT has been silent, certainly on the political side of things,” a political analyst who remained in Tunisia told Al Jazeera, on condition of anonymity.

“Saied even revised the labour code without consulting them,” they said of the May decision to change laws that affected many of UGTT’s members.

“Previously, making a decision on that scale without the UGTT would have been inconceivable,” he said.

Supporters of the Tunisian General Labour Union (UGTT), carry banners and flags during a protest against President Kais Saied's policies, accusing him of trying to stifle basic freedoms including union rights, in Sfax, Tunisia February 18
UGTT supporters take to the streets in 2023. Analysts say the union’s ability to draw similar numbers to the streets has declined in the years since [Jihed Abidellaoui/Reuters]

A weakened union

Much of the UGTT’s relatively low profile lies in an internal rupture, prompted by its decision in 2021 to extend its board’s mandate from two to three terms, which is said to have splintered the union’s membership and undermined it.

“There are many in the UGTT who see the 2021 decision as a coup d’etat of the union’s own, which has really weakened the board’s decision to do anything,” Meddeb said.

“You also can’t avoid the fact that the financial situation across the country is getting much, much worse, which means that the core membership of the union – the state-dependent middle class – are also suffering, and are blaming a board they already have little faith in for that, too.

“So, when Saied calls it a ‘corrupt union’ … that makes sense to much of its membership,” Meddeb said.

“It’s also easy, [given its long history and close relationships with all of Tunisia’s past governments] for Saied to paint it as part of the country’s elite that has been holding its people back,” he concluded.

A rival union emerges

Moves to undermine the UGTT’s base are already under way.

On Monday, the government announced it would halt the longstanding practice of allowing union officials to receive their government salaries while on union business, with more such moves expected.

Secretary-General of the Tunisian General Labour Union (UGTT) Noureddine Taboubi delivers a speech as mployees of the Tunisian national airline Tunisair gather in front of the company's headquarters in the capital Tunis, on February 19, 2021, to protest against the seizure by a Turkish airline company of the accounts of Tunisair for the non-payment of its debts. (Photo by FETHI BELAID / AFP)
UGTT secretary-general, Noureddine Taboubi, called for a protest in response to what the union says are government attacks upon it [File: Fethi Belaid/AFP]

Saied is also said to be encouraging the rival Union of Tunisian Workers (UTT), which analysts such as author Hatem Nafti say could try to take advantage of any weakening of the bond between the UGTT and its membership, to boost its standing.

How successful that would be in light of the UTT leadership’s previous convictions on corruption charges, remained to be seen, he added.

That the UTT is ready to step into any breach left by the UGTT was clear last week, when it issued a statement accusing its rivals of what it said was the “defamation” of the president.

Nafti said that the government might also seek to halt the practice of deducting UGTT membership fees from state employees’ salaries at source before transferring the funds to the union, which would give UTT more hope of winning members away from UGTT.

“That Kais Saied would move against the UGTT was written from day one,” Nafti told Al Jazeera from Paris, where he now lives.

“Populism doesn’t allow any mediator between the leader and the people, so firstly, he got rid of rival political parties, then civil society and the media.

“Even the television networks that support him don’t show political programmes any more,” he said.

“The UGTT was the logical next step.”

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