On February 23, 2024, the First Instance Criminal Court in Tunis, the capital of Tunisia, sentenced former Tunisian President Moncef Marzouki to eight years of imprisonment in absentia on charges of “attacking state security and inciting Tunisians against each other.”
According to the spokesperson of the court that issued the sentence, Marzouki had issued public statements on social media attacking the current Tunisian government, which led the public prosecution of the First Instance Criminal Court to accuse him of violating the penal code and to launch an investigation. Marzouki, who served as president of Tunisia from 2011 to 2014, is reportedly a fierce critic of current Tunisian President Kais Saied.
This is the second time Marzouki, who is currently residing in France, has been sentenced in absentia to prison for attacking state security, the first time occurring in December 2021, when he was sentenced to four years in prison.
In response to the current court verdict, Marzouki’s defense attorney, Samir Ben Amor, declared that the court sentence shows the hard stance that the current Tunisian government has adopted against its political opponents.
The Offense of Attacking State Security Under the Tunisian Penal Code
Marzouki was convicted of violating Law No. 79 on the Penal Code of 1913, as amended, by attacking state security. Law No. 79 punishes individuals who insult the president of the republic with three years of imprisonment. This crime falls under the offenses of attacking state security. (Law No. 79 on the Penal Code art. 67.) Additionally, the law punishes individuals who prepare or plan for any crime that falls under the offenses of attacking state security with one year of imprisonment. (Art. 71.)
Other Trials Based on the Offense of Attacking State Security
Marzouki is not the only political figure who has been accused by the criminal court of attacking state security. In April 2023, the Tunis First Instance Criminal Court accused the leader of one of the main opposition parties in Tunisia, Rached Ghannouchi, of attacking state security. In May 2023, the First Instance Criminal Court sentenced Ghannouchi to one year of imprisonment after finding him guilty of inciting against security forces and insulting state agencies.
Objections Related to in-Absentia Convictions Under the Tunisian Code of Criminal Procedure
According to article 182 of Law No. 23 of 1968 on the Code of Criminal Procedure, as amended, an accused person sentenced in absentia must be present before the court as a prerequisite for the court to hear his objection to the in-absentia conviction. If the court accepts the objection of the accused person, it will vacate the verdict issued in absentia and retry the case. (Law No. 23 of 1968, art. 182.)
The accused person must file a petition to object to the in-absentia conviction within 10 days from the date they are informed of the conviction. The appeal must be filed before the same court that issued the in-absentia verdict. (Art. 175, paras. 2, 3.)
If the accused person is out of the country, the law grants them the right to file a petition to object to the in-absentia conviction within 30 days from the date they are informed of the conviction. (Art. 175, para. 4.)
The trial hearing for an objection to an in-absentia conviction must take place within 30 days from the date that the accused person files the objection. (Art. 175, para. 7.)
If the accused person files a petition to object to the in-absentia conviction, this measure suspends the execution of the sentence. Additionally, if the court issues the death penalty in absentia, the penalty may not be enforced until the court issues a final verdict in the case. (Art. 180.)
George Sadek, Law Library of Congress
March 12, 2024
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