UN Experts Decry Tunisia’s Conviction of Rights Lawyer Ayachi Hammami

The experts warned that Tunisia’s actions represent a grave assault on the independence of the legal profession, and threaten the country’s justice system at its core.

UN human rights experts have voiced deep shock and alarm following the conviction and imprisonment of prominent Tunisian lawyer and human rights defender Ayachi Hammami, who was sentenced to five years in prison solely for carrying out his professional duties in the high-profile case known as the “conspiracy against state security.”

The experts warned that Tunisia’s actions represent a grave assault on the independence of the legal profession, and threaten the country’s justice system at its core.

A Lawyer Punished for Defending the Accused

On 3 December, Hammami—long respected for defending political detainees, activists, and dismissed judges—was taken to prison, joining multiple other lawyers detained since 2023 in the same case. Until May 2023, Hammami had served as defence counsel for many of these individuals. But after publicly challenging the legitimacy of the charges, he was added to the list of suspects, later charged in October 2023, and subsequently banned from travel and from appearing in public places.

UN experts condemned Tunisia’s actions, stating:

“Prosecuting legal professionals and labelling them as terrorists solely for performing their duties or exercising their freedom of expression is a direct threat to the integrity and fairness of legal proceedings in Tunisia.”

A Human Rights Defender with a Long Record of Advocacy

Hammami is widely known for defending civil liberties and judicial independence. He previously served as spokesperson for the committee defending 57 magistrates who were arbitrarily dismissed by presidential decree in June 2022—an event that triggered concerns about political interference in the judiciary.

His prosecution is not isolated. In September, UN experts also condemned the conviction of lawyer Ahmed Souab, who was charged under Tunisia’s terrorism law merely for representing other accused lawyers, including Hammami.

The “Conspiracy Against State Security” Case: A Politicized Crackdown

The broader case dates back to February 2023, when Tunisian authorities opened an investigation into 17 suspects, arresting 12. Those detained include:

• Opposition party members

• Political activists

• Lawyers

• A radio station director critical of the President

President Kais Saied publicly branded the group as “terrorists”, accusing them of conspiring to overthrow the state and incite unrest. They were charged under:

• Article 72 of the Penal Code, which allows the death penalty for attempting to “change the form of government”

• Multiple provisions of Tunisia’s 2015 anti-terrorism law

Hammami is also facing a separate prosecution under Decree-Law No. 2022-54, relating to online communication offences, after issuing a public defence of the judges dismissed in 2022.

UN Experts: Attacks on Lawyers Threaten Rule of Law

The experts stressed that these prosecutions are part of a broader pattern of intimidation, designed to silence critics of the Executive and erode judicial independence:

“The proceedings and measures against Mr. Hammami directly interfere with the independence of the legal profession. They lack any basis and appear designed to chill critics of the Executive.”

They reiterated that lawyers must be able to work without harassment, interference, threats, or reprisals, as outlined in international human rights standards. The suppression of legal professionals undermines:

• Access to justice

• Fair trial rights

• Oversight of state power

• Human rights protections

Calls for Immediate Compliance with International Standards

UN experts urged Tunisia to reverse course and respect global norms ensuring that lawyers are able to:

• Represent clients freely

• Speak publicly on legal matters

• Exercise their professional responsibilities without fear

• Avoid arbitrary prosecution or administrative, economic or punitive measures

They have formally contacted Tunisian authorities regarding their concerns.

With Tunisia’s democratic institutions already under severe strain, international observers warn that the targeting of lawyers marks a significant escalation in the erosion of the rule of law.