“Death Under Torture” Case: Tunisia Refuses to Release the ‘Mastermind’ of the Muslim Brotherhood

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The accountability process is tightening around Tunisia’s Muslim Brotherhood in a quest for justice for victims of the violations and atrocities that marked over a decade of the movement’s rule.

On Tuesday, the Tunisian judiciary rejected the request to release former Minister of Justice and senior Ennahdha leader Noureddine Bhiri, known as the “architect of shady deals” and “mastermind” of the movement, in connection with the death case of former MP Jelani Daboussi.

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The Tenth Indictment Chamber of the Tunis Court of Appeal ruled against Bhiri’s release, along with other defendants, and referred them to the Criminal Court for trial over suspicions of Daboussi’s death under torture.

On June 22, the Tunisian judiciary issued an arrest warrant against Bhiri regarding the Daboussi case. Daboussi, a former MP during the presidency of the late Zine El Abidine Ben Ali, was allegedly subjected to severe abuse during his imprisonment.

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Judicial authorities have charged Bhiri and other Brotherhood leaders with “establishing a criminal organization with the intent to commit premeditated murder”, following an investigation launched in January 2022.

Other accused individuals include former Minister of Health Abdelatif Mekki, his adviser Mondher Ounissi, and Brotherhood figures Mustapha Yahyaoui and Sayed Ferjani. Additionally, a prison doctor from Mornaguia and Imed Duraidi, the prison director at the time, have also been implicated.

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Case Background

The case revolves around suspicions that the accused were involved in torturing Jelani Daboussi while he was imprisoned under Brotherhood rule, as he was a key opponent of the movement. This torture allegedly led to his death after his release in 2012.

Daboussi’s son stated that the family filed a complaint with the prosecutor general as early as March 7, 2013, regarding the brutal acts, torture, and mistreatment that both he and his father endured in prison, allegedly ordered by the Justice and Health Ministers at the time, along with Mondher Ounissi.

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In a statement, Daboussi’s son criticized the judicial system for shelving the case, as the Ministry of Justice was under Ennahdha’s control at the time. This led the family to internationalize the case.

He added: “We filed another complaint with the Paris Court, as my father held French citizenship, and a third complaint against the Tunisian state before the United Nations.”

He further accused the state of committing a crime by preventing the execution of a ruling by the Court of Cassation, which had acquitted his father of all charges, due to political pressure from the then Minister of Justice.

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On February 14, 2023, an investigative judge at the Tunis Primary Court ordered the detention of Bhiri, who was arrested as part of a major operation targeting Brotherhood political leaders, their allies, influential magistrates, and prominent businessmen.

His arrest was linked to an investigation into conspiracy against state security and plans to overthrow the government.

Bhiri also faces allegations of attempting to destroy documents proving Ennahdha’s involvement in the political assassinations of opposition leaders Chokri Belaïd and Mohamed Brahmi in 2013.

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