UN experts have expressed their profound shock at the conviction of Tunisian lawyer and human rights defender Al‑Ayachi Al‑Hammami, who was transferred to prison on 3 December to begin serving a five‑year sentence in connection with the highly controversial “conspiracy against state security” case.
In a joint statement, the experts said that “the prosecution of human rights defenders and the labelling of them as terrorists solely for performing their duties or exercising their right to freedom of expression directly undermines the integrity of legal proceedings and places the right to a fair trial at risk.”
They added that the measures taken against Al‑Hammami “run directly counter to the independence of the legal profession and undermine the ability of lawyers to represent their clients,” stressing that the actions lack any sound legal basis and appear intended to have an intimidating effect on anyone who criticises the executive authority or defends judicial independence.
The experts emphasised that the free and unhindered exercise of the legal profession is a cornerstone for ensuring access to justice and safeguarding rights and freedoms.
Al‑Hammami, known for defending judges and human rights defenders, had been a member of the defence team in the same case before he himself was added to the list of suspects in May 2023. Charges were formally brought against him in October of the same year. He was also subjected to severe restrictions, including bans on travel and appearing in public, further underscoring the repressive nature of the proceedings.
The sequence of events suggests that the case has gradually evolved into a tool for silencing critical voices, particularly after Al‑Hammami served as spokesperson for the defence committee representing the 57 judges who were arbitrarily dismissed by presidential decree in June 2022. Similar concerns had previously been voiced by UN experts, including warnings issued in September following the conviction of lawyer Ahmed Swaab under the counter‑terrorism law.
Al‑Hammami’s case highlights a series of systemic problems, foremost among them the politicisation of the judiciary and the expansive misuse of counter‑terrorism legislation. Such practices run counter to fundamental principles of criminal legality and the prohibition of arbitrary punishment. The use of “terrorism” classifications in cases involving political expression or legal advocacy represents a dangerous conflation that threatens human rights work and undermines public confidence in the justice system.
These developments also point to a significant erosion of the principle of separation of powers, with the executive branch increasingly steering judicial processes, and violations of key safeguards such as the presumption of innocence, the right to defence, and lawyers’ ability to carry out their work without interference or intimidation.
The case of Al‑Ayachi Al‑Hammami underscores that Tunisia is undergoing a phase marked by growing pressure on human rights work and on the independence of the legal profession, in a context that is reshaping public space in a way that restricts dissenting voices and weakens judicial autonomy.
While UN experts have called for these practices to cease immediately, there remains an urgent need to restore the foundations of justice and the rule of law, and to ensure that the defence of rights and freedoms remains a legitimate activity, not a criminal act.
