The misdemeanor chamber of the Tunis First Instance Court is hearing cases against activists and participants arrested after a solidarity protest held in Tunis on 19 September. Fourteen people remain detained, with hearings starting on 28 September and continuing through 6 October. The protest called for the release of four Tunisian activists who played a leading role in the launch of the Global Sumud Flotilla in 2025 and who have been held under pre-trial detention by Tunisian authorities in a case of financial investigation. HuMENA for Human Rights and Civic Engagement condemns the arrests and ongoing court hearings against people for exercising their rights to freedom of assembly and expression.
As Tunisian courts continue to hear cases against those arrested following the demonstration, 1 October marks the fourth hearing in a series of proceedings involving different defenders which will continue through 6 October, according to a member of the defense committee who spoke to HuMENA. The hearings follow a wave of arrests carried out during the night of 20 September and into the morning of 21 September, targeting participants in the 19 September demonstration.The arrests were carried out in different circumstances. According to the National Committee for the Defense of Global Sumud Flotilla Activists and Palestinian Rights, arrests took place during the night of 20 to 21 September, both in public spaces and at people’s homes. Some individuals were also reportedly arrested while travelling. Among those detained was activist Rachid Othmani who played a spokesperson role for the defense committee. His wife said that he was arrested at his home.
During the night of 20 to 21 September, 13 people, including 17-year-old secondary-school student Adem Mbarek, were arrested and placed in police custody in connection with the protest. On 23 September, the Public Prosecutor’s Office at the Tunis Court of First Instance extended the police custody of the 13 people by a further 48 hours. On 25 September, the Public Prosecutor’s Office ordered the pre-trial detention of 12 adults and referred their cases to the Court’s misdemeanor chamber. Mbarek was referred separately to the juvenile judge, who ordered his detention on 25 September. He is reportedly being held in a facility designated for minors, with his next hearing scheduled for 6 October, which was confirmed by his lawyer.
Further arrests followed. Khalil Abidi and Modhafer El Omar were reportedly arrested on 22 September and placed in police custody. Mounir Ayadi was reportedly summoned by the police on 24 September and subsequently placed in police custody. He appeared before the Public Prosecutor at the Tunis Court of First Instance on 25 September, who ordered his pre-trial detention. Modhafer El Omar had a court hearing on 29 September, while Mounir Ayadi is due to appear before the court on 1 October and Khalil Abidi on 5 October according to a lawyer from the defense committee.
According to a member of the defence committee, 14 people remained detained and subject to judicial proceedings in connection with the 19 September protest, as of 30 September 2026. The fourteen are Rachid Othmani, Kais Bouzouzia, Gayth Hamrouni, Marwen Bedhyefi, Adem Mbarek, Souheil Chebbi, Maryem Khalfaoui, Adel Ben Ghazi, Thouraya Chtiba, Hadhami Hamami, Khalil Abidi, Modhafer El Omar, Mounir El Ayadi and Aya S.
They are being prosecuted in separate court hearings taking place over several days under Articles 79, 128, 220 bis, 245 and 247 of the Tunisian Penal Code. Article 79 provides for up to two years’ imprisonment for participation in a gathering intended to commit an offence or resist the enforcement of a law or judgment, rising to three years where at least two participants carry visible or concealed weapons. Article 128 provides for two years’ imprisonment and a 120-dinar fine for publicly attributing unlawful acts related to the functions of a public official without proving their veracity. Article 220 bis provides for six days to one month’s imprisonment and a fine of 120 to 1,200 dinars, or either penalty alone, for verbalising chants or cries in public places or gatherings. Articles 245 and 247 concern defamation and provide for six months’ imprisonment and a 240-dinar fine, while calumny carries one year’s imprisonment and the same fine.
On 19 September, several hundred people gathered in Tunis to call for the release of Wael Naouar, Ghassen Henchiri, Ghassen Boughdiri and Nabil Channoufi, who have remained in pre-trial detention since March 2026. The four were arrested as part of a financial investigation linked to the organisation, in 2025, of the Global Sumud Flotilla and fundraising activities in support of Palestine. They are being investigated over alleged financial offences, including suspected money laundering and misuse of donated funds. On 11 September, an investigating judge at the Economic and Financial Judicial Pole extended their pre-trial detention by a further four months. On 23 September, their lawyer confirmed to HuMENA that the Court of Appeal had rejected the appeal against the extension, upholding their continued detention.
According to another lawyer from the defense committee who spoke with HuMENA, the arrests and prosecutions are linked to slogans raised during the protest. HuMENA reviewed several videos from the demonstration and did not identify any calls for violence or hatred. The slogans included: “Agents of imperialism, your narrative is Zionist”; “Release the people’s sons, the case is political.” Some chants also directly criticised President Kais Saied, including: “Kais Saied, you coward, the activist must not be humiliated.”
The protest came amid growing concern over the detainees’ health following their hunger strike. Wael Naouar began an open-ended hunger strike on 16 August to protest his continued detention, while Ghassen Henchiri, Ghassen Boughdiri and Nabil Channoufi joined the strike on 10 September. Following a visit to the detained Sumud Flotilla activists, Henchiri’s lawyer told HuMENA on 24 September that Henchiri had lost more than 12 kilograms and appeared to be in very poor health. Henchiri’s sister separately told HuMENA that he needs an operation to remove a cyst at the back of his head. According to his sister, Henchiri sustained the injury after the Global Sumud Flotilla was intercepted by Israeli forces. She said he was subsequently taken out of prison for a medical consultation and that prison authorities told him several weeks ago that he would undergo surgery, but that the operation has not yet taken place. During the same visit, Henchiri’s lawyer told HuMENA that Boughdiri had also lost significant weight and appeared pale and severely weakened.
As Naouar’s condition continued to deteriorate, he was transferred to hospital on 22 September, according to his father, Hichem Naouar. He was later returned to prison before being transferred to hospital again. After 38 days on hunger strike, on 23 September, Naouar announced that he was suspending the strike and called on the other three detainees to do the same, while maintaining their demands. Ghassen Henchiri and Ghassen Boughdiri have reportedly continued their hunger strike.
According to the same member of the defense committee who spoke with HuMENA, the lawyers did not argue the substance of the cases at the first hearing on 28 September. Instead, they asked for the release of Adel Ben Ghazi and Modhafer El Omar, whose cases were the first to be heard. A judge at the misdemeanor chamber of the Tunis Court of First Instance rejected the request, leaving both men in detention. No date has yet been set for their next hearing, according to the lawyer. The lawyer also said that the defense team only received the case file one day before the hearing, leaving little time to prepare. As a result, the first hearing focused on the defendants’ release rather than the substance of the charges.
“Arresting people for protesting and expressing their views, including critical expression directed at President Kais Saied in his capacity as head of state, is deeply troubling. Since the 2011 uprising, the streets have been an important space for Tunisians to voice their demands and practise their citizenship. Prosecuting people for taking part in a peaceful protest risks closing one of the few remaining spaces for public expression.”, said Mostafa Fouad, Executive Director of HuMENA for Human Rights and Civic Engagement.
Furthermore, on 21 September, the National Syndicate of Tunisian Journalists (SNJT) reported that a Nawaat media team was lured to a location after being told they had a delivery to collect, following the team’s coverage of the 19 September protest. The journalists were met by plain-clothes officers and reportedly taken to the central security unit in L’Aouina, where they were questioned about the protest and Nawaat’s work. The journalists also reported verbal abuse and said officers attempted to access their phones, which they refused.
Tunisia’s Constitution protects the rights at the centre of these cases. Article 40 guarantees freedom of association, while Article 42 protects the right to peaceful assembly and demonstration. Article 37 protects freedom of opinion, thought and expression, including political expression and criticism of public officials. Article 36 also guarantees detainees the right to humane treatment that preserves their dignity. Article 52 further provides specific protections for children, requiring the State to ensure their dignity, health, care, education and protection without discrimination and in accordance with their best interests. Any restrictions on these rights must meet the requirements set out in Article 55, including legality, necessity and proportionality. The Constitution also guarantees the presumption of innocence and fair-trial rights under Article 33, while Article 35 provides safeguards for people who are arrested or detained, including the right to be informed of the reasons for their arrest and to be represented by a lawyer.
Under the International Covenant on Civil and Political Rights (ICCPR), to which Tunisia is a state party, Article 9 protects the right to liberty and security of person and provides safeguards against arbitrary arrest or detention while Article 14 guarantees the right to a fair and public hearing next to other fair-trial guarantees. Article 19 protects freedom of expression, Article 21 protects peaceful assembly and Article 22 protects freedom of association. The Human Rights Committee has stressed in General Comment No. 34 that freedom of expression is integral to the enjoyment of the rights to peaceful assembly and association. General Comment No. 37 further recognises that peaceful assembly is inherently expressive and associative, allowing people to collectively advance ideas and participate in public life. Restrictions on these rights must be provided by law and meet the requirements of necessity and proportionality.
In light of this critical situation, HuMENA for Human Rights and Civic Engagement calls on the Tunisia authorities to:
- Immediately and unconditionally release all those detained solely in connection with the 19 September peaceful demonstration, including the 17-year-old minor, and drop charges relating to the peaceful exercise of their rights to assembly and expression
- Ensure that the minor is protected under Tunisia’s child justice framework, including the safeguards and limits on pre-trial detention provided by the Child Protection Code, with full respect for his best interests, dignity and right to legal assistance.
- Ensure that Articles 128 and 247 of the Penal Code are not used to criminalise peaceful expression, protest, or other conduct protected under Tunisia’s constitutional and international obligations on freedom of expression and peaceful assembly.
- End the use of criminal law to punish peaceful criticism of public officials and ensure that people are not prosecuted simply for expressing political views, criticising authorities or participating in peaceful protests.
- Ensure that all proceedings respect fair-trial and due-process guarantees, including timely access to case files, adequate time to prepare a defence, access to lawyers and effective judicial review of detention.
