Rached Ghannouchi, leader of the Tunisian Muslim Brotherhood, sentenced to 22 years in prison for espionage

Rached Ghannouchi, leader of the Islamist Ennahda party and former parliament speaker - REUTERS/ ZOUBEIR SOUISSI
The Criminal Court No. 2 of the Court of First Instance of Tunis has issued a sentence against the 41 defendants in the Instalingo case, including Rafik Abdessalam, former Minister of Foreign Affairs
  1. Origin of the Instalingo case
  2. Most important convictions
  3. Political implications
  4. First reactions

After several years of trials and sentences, on 5 February, the ringleaders of the country's most important espionage plot, the Instalingo case, were tried and sentenced by the Criminal Court No. 2 of the Court of First Instance of Tunis to sentences of between 5 and 54 years in prison. 

Among those convicted are political representatives of the Islamist party Ennahdha and important media figures in Tunisia, including journalists and senior officials. This is unprecedented in the country and, according to officials present at the trials, ‘marks a turning point in justice’.

The verdict affects dozens of defendants and the consequences are not yet known. ‘Any attempt to undermine state security or to fuel political propaganda on social networks will be punished with the utmost severity,’ the judges ruled after announcing the sentences.

On the other hand, for some Tunisian media, ‘this verdict, seen by some as a show of strength, also raises questions about the balance between justice and political score-settling’.

In this Oct. 3, 2019 file photo, Islamist party leader and parliamentary speaker Rached Ghannouchi - AP/ HASSENE DRIDI

Origin of the Instalingo case

The case of the country's most important espionage plot has its origins in September 2021, when the Governorate of Sousse began to suspect that the company Instalingo, specialising in communication and the creation of digital content, was involved in activities that threatened state security, money laundering and defamation through social networks.

Initially, the investigations focused on the local registration and seizure of 23 central processing units, which led to the first wave of defendants and arrests. However, the fact that numerous important public figures were involved increased the seriousness of the case. Such was the number of people affected that the ordinary courts decided to divide the case into three files: Instalingo 1, Instalingo 2 and Instalingo 3.

Ennahda leader Rached Ghannouchi - REUTERS/ Zoubeir Souissi

The first of these referred to charges of conspiracy against national security, incitement to violence and secret and illegal financing, which led to the provisional arrest of influential figures in Tunisian politics. 

The second case investigated money laundering and political connections with the organisations responsible for said money laundering, affecting journalists, influencers and senior officials from the Ministry of the Interior, including the former spokesperson of the Ministry, Mohamed Ali Aroui. 

Finally, in the Instalingo 3 case, which is still ongoing, more political figures are being targeted who could receive sentences similar to those handed down on 5 February. 

Former spokesman for the Tunisian Interior Ministry Mohamed Ali Aroui - PHOTO/ ARCHIVO

Most important convictions

Among the main convicts are:

Rached Ghannouchi, president of Ennahdha, sentenced to 22 years in prison and a fine of 80,000 dinars. 
Hichem Mechichi, former head of government, sentenced to 35 years in prison. 
Mohamed Ali Aroui, former spokesman for the Ministry of the Interior, sentenced to 13 years. 
Lotfi Zitoun, former minister and former member of Ennahdha, sentenced to 35 years. 
Riadh Bettaieb, former Ennahdha minister, sentenced to 8 years in prison. 
Saied Ferjani, Ennahdha leader, sentenced to 13 years' imprisonment and a fine of 50,000 dinars. 
Wadah Khanfar, former director of Al Jazeera, sentenced to 32 years and a fine of 80,000 dinars.
Former Tunisian Prime Minister, Hichem Mechichi - REUTERS/ ZOUBEIR SOUISSI

Political implications

With two legal proceedings still in progress and the political climate tense, the sentences handed down to current and former members of the Ennahdha party have fuelled the differences between the various political factions vying for power. 

As might be expected, the sentences have been interpreted in two ways: by the members and supporters of Ennahdha, as excessive; and by their political rivals, as exemplary punishments. On the other hand, for the authorities the legal actions in the Instalingo case send a direct message: all those responsible will be punished without concessions. 

In spite of everything, the investigations are still ongoing and it is expected that in the coming months new sentences will be handed down against the dozens of those involved who are still under suspicion. These future sentences would confirm the magnitude of a case that still continues to stain the current Tunisian political sphere. 

Tunisian Parliament - PHOTO/ARCHIVO

First reactions

Just hours after the sentence was announced, Rached Ghannouchi, leader of the Tunisian Muslim Brotherhood, sentenced to 22 years in prison, issued a statement on his social network profiles in which he expressed his dissatisfaction and made accusations against the Tunisian judiciary: 

‘What has happened is considered an unjust political trial that takes place in the context of a greater curtailment and an attack on the most basic rights and freedoms, on the most basic foundations of the rule of law and freedoms, and most importantly, it represents a flagrant attack on the independence and impartiality of the judiciary and a blatant politicisation of its procedures and sentences. 

These rulings also confirm that the coup regime is moving forward to further aggravate the political and social life of Tunisians and Tunisian women. 

The proceedings in this case have been marred from day one until the verdict was handed down by countless violations and abuses, such as preventing lawyers from defending some of the accused, or prosecuting some of them without material or moral evidence. 

The leader of the movement, Rached Ghannouchi, decided to boycott all the proceedings of this ‘trial’, believing that it is nothing more than a political trial and that it has nothing to do with an independent and impartial judiciary’.