Shams Tunisie

Tunisia: High-risk tourism

Attention: visiting Tunisia could land you straight in prison.
In an increasingly authoritarian political context under the regime of Kais Saied, fundamental freedoms are being violated: homophobia, anti-Semitism, and human rights abuses have become commonplace. Tourists and European businessmen can find themselves caught in an arbitrary, violent, and deeply repressive judicial system.

Simple affectionate gestures, clothing choices, or possession of undeclared currency can be enough to justify an arrest. And once incarcerated, you will discover some of the most inhumane detention conditions in the Mediterranean basin, where corruption, overcrowding, and brutality prevail.

Maitre Baatour strongly advises anyone — tourist, investor, or professional — against traveling to Tunisia at this time, as long as the excesses of the current regime are not halted.

Caution: Tourism in Tunisia is Dangerous

Traveling to Tunisia for a vacation, a business trip, or to settle there, European citizens may encounter unforeseen situations.

To limit the risks of incidents and their consequences, basic precautions should be taken (repatriation insurance, compliance with national laws, knowing your rights). It is also important to contact the consulate, especially in emergency situations. In all these cases, European tourists abroad have fundamental rights:

It should also be noted that EU citizens have the right to seek assistance from the embassy or consulate of any EU member state other than their own. In other words, member states must assist unrepresented EU citizens on the same terms as those that apply to their own nationals. This is the right to equal treatment and constitutes one of the fundamental rights of EU citizens.

EU rules protect European travelers both inside and outside the EU.

Health Insurance

During vacations abroad, you may encounter unforeseen events (for example, accident, luggage theft). Taking out an insurance and/or assistance contract helps protect you.

The European Health Insurance Card, proof of health insurance in another EU country, can be obtained online or from your health insurance fund.

EU citizens who fall ill or have an accident during a temporary stay abroad are entitled to the same medical treatment as those insured in the country where they are located.

Consular Protection

It concerns the consular protection whereby EU citizens have the right to seek assistance from the embassy or consulate of another member state if they need help outside the EU, particularly in cases of:

The right to a lawyer

The European Union has established a common legal framework to facilitate the management of cross-border accidents. It is crucial to obtain the insurance policy number of the responsible party, which is essential for quickly identifying the relevant insurer. If you cannot obtain it directly, the local police may sometimes assist you. In the following days, contact the European Insurance Center (EIC), which will help you identify the responsible insurer and its representative in the country where you reside. Promptly transmit the accident report and a detailed medical certificate. The insurer then has three months to make a proposal or explain its refusal. If you disagree with the proposal, an independent body can be contacted, and it is often helpful to be accompanied by a specialized lawyer.

Victims of crime are still unable to fully assert their rights within the EU. The difficulties victims face in accessing justice are primarily due to a lack of information, as well as insufficient support and protection. Victims are often exposed to a risk of secondary victimization during the criminal process and when seeking compensation. Therefore, the victim or the civil party may be assisted by a lawyer to seek compensation for the serious cases mentioned above.

If You Are a Victim of Theft

If You Are a Victim of Sexual Assault

In this regard, the lawyer notifies the judicial authorities through a complaint in order to receive additional support. Subsequently, if the case requires it, they may also intervene directly alongside local lawyers to represent clients who are victims of assault or accident before foreign jurisdictions.

Rules Protecting French Tourists Abroad

In case of assault

Step 1 to follow in Tunisia :

The steps to follow in France :

For the most serious offenses committed abroad, you can also file a complaint in France with the law enforcement agencies in your place of residence if you have a residence in France.

If you do not have any residence in France, the competent jurisdiction is Paris. The victim must be of French nationality, with the nationality condition being assessed at the time of the offense. In all cases of assault abroad, the victim, their lawyer, or their heirs (in the event of the victim’s death) may submit, within certain deadlines, a request for compensation to the Compensation Commission for Victims of Offenses (CIVI). A CIVI exists at each judicial court.

French citizens residing abroad will contact the judicial court of Paris.
French citizens residing in France will contact the CIVI of the judicial court of their domicile.

The CIVI, after verifying that the file is complete, directly submits your compensation request to the Fund for Guarantee of Victims of Acts of Terrorism and Other Offenses (FGTI). The latter will present you with a compensation offer within two months.

In case of accident

First step to take in Tunisia:
If you have an accident, get injured, or fall ill abroad, you must first, depending on the situation, call local emergency services, consult a doctor, or go to the hospital.

In the event of a serious accident, the consulate will notify your family and discuss with them the necessary measures to take. As far as possible, the consulate will obtain police reports and, if necessary, medical reports.

In case of illness, the consulate will provide you, as far as possible, with a list of specialized doctors. The contact details of these practitioners can usually be found on the consulate’s website.

Second step to follow in France with your lawyer :
The lawyer prepares the case for the injured party, gathers the necessary documents — medical, administrative, and social — to ensure the defense of their interests, and to obtain the accident report established by the Tunisian authorities as well as the medical documents in Tunisia.

The lawyer petitions the Compensation Commission for Victims of Crime (CIVI) to request a medical assessment and to seek a ruling that the Fund for the Guarantee of Victims (FGTI) be ordered to pay full compensation to the victim.

It should also be noted that in the case of accidents occurring on Tunisian territory, even if the victim is French, Tunisian law applies (Article 70 of the Private International Law Code).

For compensation in Tunisia :

« A fund called the Guarantee Fund for Victims of Road Traffic Accidents is established, responsible for paying compensation owed to victims of accidents causing harm resulting from injuries to individuals, or their beneficiaries, in the event of death, when these accidents occur on the territory of the Tunisian Republic and are caused by motor vehicles or their trailers. »

In case of incarceration

If you are arrested or detained abroad, it is recommended to:

  • Ask local authorities to communicate with the French consulate: it is your right
  • Ask your relatives to contact the consulate or the Ministry of Europe and Foreign Affairs in Paris
  • Stay calm, do not be rude or violent; such an attitude can only make your situation worse.

It is also important to note that the right to a lawyer during questioning while in police custody is essential to prevent any overreach by the authorities.

The Tunisian law states that:

“If the person held in custody or anyone mentioned in the first paragraph of this article designates a lawyer to assist during their interrogation, the police officer shall inform the lawyer without delay, by any means that leaves a written record, of the date of the interrogation of their client and the nature of the offense attributed to them. In this case, interrogation or confrontations cannot take place without the presence of the concerned lawyer, unless the person held in custody expressly waives their choice or the lawyer fails to appear on the scheduled date, despite being duly summoned; this is noted in the official record.”
Article 13 ter paragraph 4, Law No. 2016-5 of February 16, 2016, amending and supplementing certain provisions of the Code of Criminal Procedure.

Knowing that there have been arrests of tourists for homosexuality, as it is punishable by 3 years in prison in Tunisia, the French homosexual has the right to remain silent and to not sign anything in the absence of a lawyer representing him.

In the event of the arrest or incarceration of a loved one abroad, you can :

Notify :

  • The embassy or consulate of France closest to the place of incarceration
  • The office for the protection of detainees at the Ministry of Europe and Foreign Affairs can be reached at 01 43 17 80 32; at night (French time), on Saturdays, Sundays, and public holidays at 01 53 59 11 00

Obtain, from these services, information related to this incarceration, including:

  • the situation of your loved one (place and conditions of detention, reasons for incarceration, developments in the judicial process, state of health, etc.), provided the detained person consents
  • information on what is covered by consular protection as defined in international treaties

Be informed about the possibilities of transferring funds to your loved one:

  • directly to prison
  • through a money transfer service
  • when no other possibility exists, by means of a fund transfer through the chancery

At this stage, it is important to recall the disastrous situation of Tunisian prisons and the practices that violate human rights in the prison environment.

Thus, the rate of prison overcrowding in some Tunisian prisons has exceeded 200%, and the number of prisoners has increased by 10,000 over the past two years (2022–2025), reveals a report from the Tunisian League of Human Rights (LTDH).

In the same context, according to Avocats Sans Frontières (ASF), the available space per prisoner in jails has continued to decrease in recent years, dropping from 2 m² per inmate in 2012 to 1.41 m² in 2014. The occupancy rate exceeds 150%. In some cells, prisoners must share beds; they are housed alongside convicted and accused individuals, repeat offenders of violent crimes or organized crime, and people suspected of theft or cannabis use, young and mature adults alike.

Similarly, according to observers, cleaner cells, less overcrowded conditions, and access to means of communication can be purchased from the administration. To improve unbearable detention conditions, it also happens that detainees and their families succumb to pressures exerted by certain guards. Thus, bribes, such as packages of cigarettes offered to the guards, circulate within correctional institutions.

In Case of Aggression

You have been assaulted in the street, your personal belongings and/or documents have been stolen, you have been the victim of an accident, etc. The law allows you to take legal action to assert your rights and obtain compensation for the harm suffered.

Procedure:

  • Filing a complaint on-site and/or in France
  • Obtain a copy of the complaint or any useful document
  • Keep supporting documents, particularly medical ones

Remember to preserve all evidence of the offense of which you are a victim and of your injury:

  • Copy of a complaint, police report, etc.
  • Medical certificates and attestations describing your injuries, your incapacity to work, etc.
  • Practitioners’ attestations (doctors, psychologists) describing the disorders and the importance of the trauma experienced
  • Supporting documents for incurred expenses and losses (contracts for loss of income, quotes, and invoices…)

Filing a Complaint in Tunisia

It is strongly advised not to wait for your return to France and to file a complaint with the police services in the location where you are. Local authorities will be able to quickly initiate an investigation aimed at identifying the perpetrator of the acts. It is important to obtain a copy of your complaint, which will generally include the criminal classification retained by the local authorities. It is also advisable to report your complaint to the consulate, which will be able to assist you in the initial steps. The extent of your rights depends on the law of the country where the acts were committed, particularly regarding access to information on the progress of the procedure.

Filing a Complaint in France

You can also file a complaint in France when the acts of which you have been a victim are considered crimes or offenses under French law.

If you have been a victim of a crime or offense, you or your beneficiaries can file a complaint with the police station or gendarmerie in your area. To help you find the nearest police station or gendarmerie, you can consult the website of the Ministry of the Interior.

The procedure will be addressed to the territorially competent public prosecutor, who will evaluate the course of action to be taken. You can also directly contact the public prosecutor in your place of residence by mail, describing the facts to him. Additionally, under certain conditions, you may file a civil suit before the investigating judge of the court in your area or with the registry of the court of judgment at any time up until the trial. This civil suit allows you to participate in the proceedings and to request the payment of damages during the judgment.

To help you find the court of your residence, you can consult the website of the Ministry of Justice. If you have no residence in France, the competent jurisdiction will be the Judicial Court of Paris.

To know your rights, you can consult professionals :

  • To your insurer, as part of legal protection
  • To a lawyer: this professional will advise you on the procedures and steps to take to assert your rights. The list of lawyers practicing near you is available from the bar association of the court where your residence is located, or by consulting the website of the National Council of Bars.
  • Contact the gendarmerie or the police: www.interieur.gouv.fr/Contact/Contacter-une-brigade-de-gendarmerie-ou-un-commissariat-de-police/
  • Find a lawyer: www.cnb.avocat.fr

WARNING: Beware of Dangerous Laws / Very Strict Legislation

It is essential to read these provisions before considering a stay in Tunisia, which could end badly.

Drugs and Stimulants

The law n° 92-52 of May 18, 1992, concerning narcotics is strict, even for very small quantities. Its enforcement has legitimized police abuses and racial profiling. Several young people have been arbitrarily arrested for consumption. The police use illegal means of evidence, such as urine tests, which can be imposed even without tangible proof.

Possession, consumption, or trafficking of drugs (including cannabis) can result in prison sentences ranging from 1 to 5 years, even without prior criminal records.

A Parisian was sentenced by the Tunisian judiciary in 2023 to 6 months in prison (acquitted on appeal) after police found cannabis next to his car.

Currency Violations and Foreign Residents

Tunisian legislation regarding currency-related offenses and the residency of foreigners is strict. Travelers must adhere to the rules concerning the import and export of currencies, as well as the conditions of residency.

Offenses can result in prison sentences, fines, and even bans from the territory. The amount in question is also confiscated. The fine is equivalent to 300% of the amount of currency in possession.

An example: a foreigner entered Tunisia with 5,500 euros (approximately 19,052 Tunisian dinars), which were not declared to customs. He stayed for two months and then left with 2,000 euros. Result: exchange offense, as he should have declared the amount upon entry, even though it was less than 20,000 dinars, given that he was exporting more than 5,000 dinars.

Threats to State Security

Other legal provisions are used to suppress freedom of expression under the guise of national security.

An example: a 27-year-old French doctoral student conducting sociological research was abruptly arrested on October 19, 2024, for “endangering state security.” He was brought before military justice. Released on November 12, 2024, he returned to France on the 15th, after the intervention of French authorities.

Mores, Sexuality, Homophobia

  • Sexual relations outside of marriage are illegal. An unmarried couple is officially not allowed to share a hotel room.
  • Homosexuality is punishable by 3 years in prison (Article 230 of the Penal Code).
  • “Public indecency” (Article 226) is a regular pretext for harassing sexual minorities.

Affection demonstrations (kisses, affectionate gestures) may be frowned upon or even verbalized. LGBTQI+ individuals face intimidation, blackmail, harassment, condemnation, and detention.

Example :

  • In Tunis, an Italian and his Tunisian companion were arrested at the El Mechtel hotel after a denunciation; the Tunisian was imprisoned, the Italian was expelled.
  • In Tozeur, a Tunisian soldier and an Italian were arrested for homosexuality: 6 months in prison for one, expulsion for the other.
  • A Frenchman, in conflict with his Tunisian boyfriend, was arrested after a fight. Both were sentenced to six months in prison. The Frenchman was released after three months thanks to the intervention of the French presidency.
  • In Sousse, a Swede was arrested along with his Tunisian partner, following a complaint from the neighbors.

Implicit conclusion of the scandal :
The Tunisian police act zealously on moral cases, while remaining passive in the face of assaults, thefts, or violence suffered by tourists. Tunisian justice punishes intimacy but neglects the protection of humanity.

A Dictatorship in Progress: Flee Kais Saied’s Tunisia

Since the arrival of Kais Saied in power, Tunisia has descended into brutal authoritarianism, far from the democratic ideals of the 2011 revolution. This populist president, who now concentrates all powers in his hands, governs through fear, contempt for human rights, and fierce repression.

Tunisian justice has become a tool of political and moral control, unscrupulously enforcing repressive laws against sexual minorities, foreign researchers, journalists, and even tourists. The persecution of a French doctoral student for “endangering state security,” the arrest of travelers for a mere kiss, or the imprisonment of homosexual individuals due to their orientation are all clear signals: Tunisia in 2025 is no longer a safe country, neither for tourism nor for business.

Freedom of expression, sexual freedom, and the right to respect for privacy are today mere illusions in Tunisia. Prison overcrowding, corruption of security forces, absurd convictions, and institutional harassment orchestrated under the guise of “good morals” leave no space for trust.

Maitre Baatour warns: traveling to Tunisia today means accepting the risk of humiliation, arbitrary arrest, or even prison, simply for being who you are. He strongly advises against any stay, whether for tourism or professional reasons, as long as this regime of terror remains in place.

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