Constitutional law professor Jawher Ben Mubarak was transferred on Sunday from his prison in Belli, Nabeul Governorate, to the Tahar Maamouri University Hospital after his health sharply declined following 19 days on a hunger strike. He began the strike on 29 October in protest against his imprisonment in the “Conspiracy Against State Security” case, in which he was initially sentenced to 18 years in prison.
His sister, Dalila Ben Mubarak, a lawyer and member of the defence team, stated that her brother was admitted to the internal medicine department at the hospital for treatment. She also noted that she was denied access to his medical condition or the opportunity to see him, despite being present at the hospital.
While there has been no official comment on the transfer, the Minister of Justice, Leila Jaffel, claimed during a parliamentary session on Saturday that no political detainees are on sustained hunger strike or have been subjected to assault. This was echoed by the General Authority for Prisons.
However, these official claims contradict multiple reports from the families of detainees and their lawyers, who have spoken of pressure and coercion aimed at forcing prisoners to end their protests. In a prior statement, the defence team reported that Ben Mubarak was subjected to “severe” physical assault in detention after he refused to end his hunger strike.
His transfer comes amid a wave of hunger strikes by several high-profile detainees in the same case in recent months, including Ennahda leader Rached Ghannouchi, politician Abdelhamid Jlassi, Republican Party Secretary-General Issam Chebbi, and former presidential chief of staff Ridha Belhaj.
These hunger strikes reflect a belief among detainees that the legal process offers no real guarantees, pushing them to use their own bodies as a final form of protest.
The “Conspiracy Against State Security” case dates back to February 2023, when opposition politicians, lawyers, and activists were arrested on broad charges including “attempting to undermine public order”, “collaborating with foreign entities”, and “inciting unrest”.
In April, initial verdicts ranging from 4 to 66 years were issued against 37 defendants, pending appeal, in a case widely seen as politically motivated due to the nature of those targeted and the manner in which the proceedings were conducted.
Ben Mubarak’s situation once again highlights the ongoing problems in the Tunisian detention system, from the lack of transparency around detainees’ health, to weak judicial oversight, and the increased reliance on hunger strikes as a protest mechanism signalling the collapse of traditional grievance channels. It also raises serious concerns for the wellbeing of those on hunger strike, particularly those in critical condition, amid limited information available to their families and legal teams.
As the appeal process continues, the health and safety of detainees, their right to proper medical care, and humane detention conditions remain of urgent concern. Fears are growing that this judicial process may escalate into a deeper crisis, exacerbating the political polarisation Tunisia has experienced for years.
