Tunisia: Lawyer Ahmed Souab arrested following critical statements on the independence of the judiciary
25 April 2025
The OIAD strongly condemns the arrest of prominent Tunisian lawyer and defender of the rule of law Ahmed Souab. Mr Souab was arrested on 21 April 2025 at his home in Tunis, two days after a public statement in which he criticised the conduct of the trial known as the “plot against state security”.
Ahmed Souab, who is a respected former magistrate, had denounced the pressure exerted on the judiciary in this highly political case. A few hours later, ten security agents searched his home and took him to the anti-terrorism court, where he was placed in custody. On 23 April, a warrant was issued for his arrest. He is being prosecuted for a series of offences, including under anti-terrorism legislation, in connection with his statements.
This arrest raises serious concerns about the respect of the right to freedom of expression, procedural guarantees and the independence of the legal profession. According to his relatives, Mr Souab was unable to speak to his lawyers while in custody. His lawyers were also unable to assist him when he appeared before the investigating judge who ordered his detention.
Such deprivation of contact with the defence is permitted under Tunisian anti-terrorism legislation but constitutes an excessive and disproportionate restriction in violation of international standards. The use of anti-terrorism criminal law in this context appears to be aimed at silencing dissenting voices and intimidating human rights defenders.
The Observatory urges the Tunisian authorities to immediately and unconditionally release Mr Souab and drop all charges against him based on his exercise of his freedom of expression.
The Observatory calls on the Tunisian authorities to guarantee all lawyers the full exercise of their profession without fear of reprisals, in accordance with the United Nations Basic Principles on the Role of Lawyers.
The Observatory calls on the Tunisian State to respect its commitments under the International Covenant on Civil and Political Rights, in particular Articles 9, 14 and 19, which provide that:
“1. 1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
- Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.” (Article 9 §1 and §2)
“3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (…)
- d)To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it” (Article 14 §3)
“1. Everyone shall have the right to hold opinions without interference.
- Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” (Article 19 §1 and 2)
