Tunisian Court Frees Humanitarian Workers Accused of Aiding Migrants

On January 5, 2024, a Tunisian court ordered the release of a group of humanitarian workers, including Sherifa Riahi, the former director of the French NGO Terre d’Asile, after imposing two-year suspended sentences for charges related to facilitating the “illegal entry and residence” of migrants. This decision concluded over 20 months of pre-trial detention for some defendants. The court's ruling followed a lengthy final hearing, which lasted into the night before the verdict was announced. The defendants, numbering 23 in total, included municipal workers from the eastern city of Sousse, who were accused of conspiracy to house or hide migrants entering Tunisia irregularly.

Tunisian court frees NGO workers accuse of aiding migrantsThe Straits Times

The humanitarian workers were arrested in May 2024 amid a broader crackdown on migration in Tunisia, a key transit point for thousands of migrants attempting to reach Europe. The case gained significant attention, with the UN Special Rapporteur for human rights defenders, Mary Lawlor, urging the Tunisian authorities to release the defendants and dismiss what she termed dubious charges related to their defense of migrant rights. The sensitivity surrounding migration in Tunisia has escalated, particularly following President Kais Saied's remarks in February 2023, where he described sub-Saharan African migrants as a demographic threat, leading to a surge in racially motivated attacks and expulsions.

Tunisian court frees NGO workers accuse of aiding migrants

The defense team for the accused argued that the humanitarian workers were engaged in state-approved activities aimed at assisting migrants. They maintained that the charges against their clients were unfounded and that the workers were merely fulfilling their roles within a government-sanctioned framework. The court's leniency in sentencing was noted by Mahmoud Daoud Yaacoub, a member of the defense team, who indicated that the ruling reflected consideration for the lengthy detention experienced by the defendants.

Tunisian court frees NGO workers accuse of aiding migrants

The case has drawn criticism from various human rights advocates and organizations, who argue that the charges against the humanitarian workers are part of a broader trend of criminalizing aid to migrants in Tunisia. The UN's call for the release of the defendants highlights international concern regarding the treatment of those who assist migrants, particularly in light of the increasing hostility towards migrant communities in the country.

Tunisian court frees NGO workers accuse of aiding migrants

The ruling comes at a time when Tunisia is under pressure to manage migration flows, with the European Union enhancing efforts to curb arrivals through agreements such as a €255 million deal aimed at strengthening border controls. The situation has led to thousands of sub-Saharan migrants being repatriated or attempting perilous crossings of the Mediterranean, with reports of deaths occurring at desert borders with Algeria and Libya.

The Straits Times

• “The court handed down a two-year suspended sentence to the defendants who were in pre-trial detention,” — Mahmoud Daoud Yaacoub, Defense Team Member

Tunisian court frees NGO workers accuse of aiding migrants

• “the authorities to release her (Ms Riahi) instead of trying her on dubious charges related to her defence of migrant rights” — Mary Lawlor, UN Special Rapporteur for Human Rights Defenders

The Straits Times

This case underscores the complex interplay between humanitarian efforts and national migration policies in Tunisia, reflecting broader regional challenges in addressing migration and human rights.

The Straits Times