In a significant development in Tunisian politics, Jaouhar Ben Mbarek, an opposition activist and member of the National Salvation Front, has initiated a hunger strike to protest his exclusion from in-person participation in his trial. Ben Mbarek, detained since February 2023, is facing state conspiracy charges alongside approximately 40 other critics of President Kais Saied. His legal team contends that he is entitled to appear in court to “refute the false charges” leveled against him.

Launched on March 30, Ben Mbarek’s hunger strike underscores his determination to challenge the allegations and advocate for his rights as a defendant. His lawyer, Samir Dilou, emphasized that the current setup of remote attendance compromises Ben Mbarek’s ability to mount an effective defense and called for his presence in the courtroom, where he could adequately contest the accusations against him.

This mass trial has drawn significant criticism from human rights organizations, which describe it as part of a broader crackdown on dissent in Tunisia. International watchdogs, including Human Rights Watch, have condemned the proceedings as a “mockery” of justice, urging the immediate release of all individuals charged. Bassam Trifi, head of the Tunisian League for the Defence of Human Rights, has characterized this judicial move as one of the gravest scandals in Tunisia’s legal history.

Ben Mbarek, a former professor of constitutional law, is among nine defendants barred from appearing in court due to perceived security risks. His exclusion raises concerns about the fairness of the legal proceedings and the broader implications for the country’s judicial system, as established by the International Commission of Jurists (ICJ), which has flagged systematic violations of detainees’ rights during pre-trial processes.

The backdrop to these events is President Kais Saied’s controversial consolidation of power since his dramatic move in July 2021, which included the suspension of parliament and the introduction of presidential rule. Critics argue that these actions undermine the democratic advancements made since the 2011 revolution. Among those currently facing trial alongside Ben Mbarek are notable figures, including former presidential chief of staff Nadia Akacha and the previous head of intelligence, Kamel Guizani.

President Saied has labeled the defendants as “traitors and terrorists,” insisting on accountability for corruption while asserting that he does not wish to be seen as a dictator. As Tunisia navigates this complex political landscape, the outcomes of these trials could significantly influence the country’s democratic trajectory.

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