Politicizing terror: the (ab)use of counterterrorism law for authoritarian ends in Tunisia

Abstract

ABSTRACT This article analyses Tunisian President Kais Saied's abuse of counterterrorism law and his culpability in the country’s democratic backsliding. Following his election in 2019, Saied, with a split government and a growing economic and political crisis, took extreme measures to end the political deadlock, including dissolving the country’s parliament and claiming emergency powers in 2021. We argue that Saied has moved beyond making temporary moves to ensure political stability and is now seeking to use the country’s counterterrorism law as both his “weapon and shield,” conducting a targeted arrest campaign against opposition figures, and solidifying his authoritarian control of Tunisia. The arrest campaign, conducted primarily under the 2015 counterterrorism law, commenced in early 2023 and has included several prominent political figures in Tunisia. The charges, often stemming from an offender’s political statements, were framed as violations of the counterterrorism law, and were therefore justified to stem the tide of extremism and terrorism in Tunisia. Such legal abuse has allowed Saied to present his authoritarian actions as within the limits of the rule of law, a common approach for entrenched authoritarians. The analysis of arrest patterns suggests that a continued abuse of the counterterrorism law will eventually erode Tunisia’s nascent democracy.