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Documented violation

Rached Khiari

3 August 2022

Rached Khiari was arrested on 3 August 2022 on the basis of four wanted notices issued by the Tunis Court of First Instance, the Tunis 2 Court and the Military Court, and was convicted in all the cases on charges of “harming others through the public telecommunications network” (Article 86 of the Telecommunications Code), with sentences ranging from 3 months to one year. He was denied his right to a defence because two hearings were held on the same day (military and appeal), and he was deemed absent before the Court of Appeal even though he was in detention. He was released on 29 August 2024 after serving his sentence, but was immediately taken away by security officers before the Public Prosecution later authorised his release. A new wanted notice was issued against him on the night of 27 September 2024 in another case (an appeal judgment of six months’ imprisonment), and he was arrested the following day without his defence being informed, even though the complainant had dropped the prosecution on 29 May 2024, and without pleadings or questioning. On 10 April 2026, a sentencing hearing was held in another case concerning a Facebook post, on the basis of the same Article 86, after an earlier request for postponement had been refused. He regained his freedom on 22 November 2025 after serving sentences totalling one year, one month and 25 days. In terms of health, he suffered medical neglect and a misdiagnosis lasting almost a year; a medical report dated 27 June 2025 confirmed his need for immediate chemotherapy and urgent surgery owing to the progression of tumours in the chest and skin, but his appointment at Salah Azaiez Hospital was cancelled without justification or alternative, and he was not provided with appropriate health conditions (hygiene, cotton clothing, psychological support).