Khalifa Guessmi

Summary

Khalifa Guesmi is a Tunisian journalist who was arrested by Tunisian authorities for publishing an article regarding a terrorist operation and refusing to reveal his sources

Personal Information

Name: Khalifa Guesmi

Nationality: Tunisian

Occupation: Journalist

Case: Arrest for interrogation for publishing a news article about a terrorist operation and insisting on not revealing his sources.

Incidents of Violation

Khalifa Guesmi works as a journalist in the region of Kairourane for Mosaique FM, the Tunisian radio station. He was arrested on March 18, 2022, after the deputy public prosecutor at the Tunis 1 course authorized the journalist’s detention for five days for investigation. This is after Khalifa Guesmi published a news report about the eradication of a terrorist cell in Kairouan, in accordance with Article 34 of the Anti-Terrorism and Money Laundering Law of 2015

On 18 March, Khalifa was summoned for questioning by the National Unit for Combating Terrorism of the National Guard in El Aouina (5th Office), where the journalist provided his statements during an interrogation that lasted nearly nine hours. Accordingly, the deputy public prosecutor authorized the detention of Khalifa Guesmi due to his refusal to reveal his source of information. This is a legal matter, according to Decree No.115 regulating the journalistic profession, which states that “ The journalist’s sources in the performance of his duties, and the sources of all persons contributing to the preparation of the media material, are protected and violating the secrecy of the sources directly or indirectly is prohibited, except if it is justified by an urgent needs for reasons of state security, national defense or subject to judicial supervision. Any infringement on the confidentiality of sources in all investigations and acts of research, inspection, and eavesdropping on correspondences or communications that the public authority may undertake against the journalist to reveal his sources or towards all persons with whom he has a special relationship is considered.” This guaranteed the journalist’s right to protect his sources and not disclose them legally

Trial Procedures

The journalist Khalifa Guesmi’s statements were taken, and subsequently, the deputy public prosecutor authorized his detention of 5 days for investigation without any charges being brought against him

Human Rights Violations

The arrest of a journalist for publishing an article and insisting on protecting his sources violates human rights and freedom of expression and the press, as the constitution of the republic guarantees them. It constitutes a breach of Decree No.115, which protects journalists’ rights in articles 11 to 14. The decree prohibits subjecting journalists to any pressure from any authority. It prevents the journalist’s opinion or information they publish from being a cause for infringing their dignity or their physical or moral integrity

Sources

To document this case, the Intersection Association depended on several newspaper articles, posts from fellow journalists of Kahlifa, as well as the statement issued by the National Union of Tunisian Journalists