Ayachi Hammami

Summary

Attorney Ayachi Hammami was informed of his referral to the judiciary due to a complaint filed by the Minister of Justice Leila Jaffel, accusing him of diffusing false rumors and endangering public security. This is based on his statements criticizing the current regime and defending judges who were dismissed by President Kais Saied and referred to the Counter-Terrorism Unit

Personal Information

Name: Ayachi Hammami

Nationality: Tunisian

Age: 64

Occupation: Political activist and member of the Political Committee of the Salvation Front

Charges: Tunisian lawyer, human rights activist, coordinator of the Defense Committee for Dismissed Judges, and the President of the National Defense of Freedoms and Democracy. 

Case

Deliberate use of information and communication channels and systems to produce, promote, disseminate, send, or prepare news, statements, false rumors, fabricated, forged, or fake attributed documents with the aim of violating other individuals’ rights or endangering public order, and attributing false matters with the purpose of defaming Article 24 of Decree No.54

Incidents of Violation

Following Attorney Ayach Hammams's statements regarding the situation of several dismissed judges in accordance with the President’s decisions, in which he announced that 16 judges were referred to the Counter-Terrorism Pole between August and September 2022, pursuant to the issuance of the Administrative Court rulings to suspend the enforcement of their dismissal decisions. Ayachi Hammami expressed that referring him to the judiciary was due to his statement on Shams FM, in which he condemned the dismissal of several judges and defaming them in the Official Gazette of the Tunisian Republic, in addition to his statement about the intention of the Temporary Supreme Judicial Council to lift immunity on 13 judges so that the investigating judge at the Counter-Terrorism Unit can hear their statements. Following that, Attorney Ayachi Hammami learned that he was subject to a judicial investigation, which led to his referral for interrogation before the investigating judge at the Second Office of the Court of First Instance in Tunis due to a complaint by the current Minister of Justice. He was accused of the deliberate use of communication channels and systems to spread and disseminate false rumors with the aim of violating other individuals’ rights and attributing false matters with the purpose of defaming and smearing their reputation, according to Article 24 of Decree No.54 of the year 2022, dated September 13, 2022, related to combating crimes associated with the information and communication systems. In his testimony to Intersection Association, Attorney Ayachi Hammami stated that there are several irregularities within the case, in addition to the unusually rapid procedures in the Tunisian judicial process. He mentioned the Minister’s correspondence with the Attorney General, who reviewed the case and referred it to the Public Prosecutor and then to the investigating judge, followed by informing the Lawyer’s Branch of a case related to his person within hours. This indicates that the authorities’ pursuit of anyone who criticizes them and emphasizes their adherence to silence and retaliate against them

Human Rights Violations

Attorney Ayachi Hammai’s statements fall under his right to exercise freedom of speech. Certainly, trials targeting right activists due to their statements and opinions regarding cases related to public affairs are part of the oppressive policies that seek to violate freedom of expression. Moreover, the referral text under Article 24 of Decree No.54 represents a suppression of freedom of expression and intimidates activists with the aim of silencing them and discouraging them from engaging in public affairs cases and criticizing state institutions, as suing people because of their opinions is a clear violation of Article 19 of the Universal Declaration of Human Rights which stipulates: “Everyone has the right to freedom of thought and expression. This right includes the freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.” Not to mention the number of violations within Decree No.54, which imposes imprisonment and hefty fines for a large number of crimes mentioned vaguely and loosely therein, without taking into consideration the fallout it may result in. Furthermore, doubling punishment in cases involving state employees gives unjustified immunity to public servants and officials in government institutions, for they are the first people to be subjected to criticism in the conduct of their missions, which is an important part of public affairs. This explains the measures taken by the Tunisian State in order to suppress freedom of expression and rights and freedoms systems

Sources

Phone call with Attorney Ayachi Hammami on January 4, 2023, examination of online statements and articles, and a picture of an official document entitled “Decision to Conduct Investigation