judge of the Sousse II Court of First Instance on charges of undermining
State security, offence to the Head of State and money laundering.
4.
Having been indicted, Safinaz Ben Ali and Lamia Jendoubi were remanded
in custody by the investigating judge of the Sousse II Court of First Instance,
on 21 June and 5 July 2022, respectively. They filed several applications for
bail was which were dismissed.
B. Alleged violations
5.
The Applicants allege violation of the following rights:
i.
The right to liberty and to security, protected by Article 6 of the Charter,
read in conjunction with Article 9 of the International Convention on Civil
and Political Rights (ICCPR)1 and the Universal Declaration of Human
Rights (UDHR);
ii.
The right to have one’s cause heard, in particular the right to have
recourse to national courts against any act violating one’s fundamental
rights, protected by Article 7(1)(a) of the Charter, the right to be
presumed innocent, protected by Article 7(1)(b) of the Charter, the right
to defence, protected by Article 7(1)(c) of the Charter and the right to be
tried within a reasonable time, protected by Article 7(1)(d) of the Charter;
and
iii. The right to information and the right to express and disseminate one’s
opinion within the law, protected by Article 9 of the Charter.
III.
SUMMARY OF THE PROCEDURE BEFORE THE COURT
6.
On 25 September 2023, the Registry received the Application and a request
for provisional measures, which were served on the Respondent State on
25 October 2023 for its Response to the request for provisional measures
and the Application within fifteen (15) and ninety (90) days, respectively.
1
The Respondent State became a Party to the ICCPR on 18 March 1969.
3