Taoufik Omran

Summary

Taoufik Omran was arrested on September 21, 2023, for posting a caricature in which he criticized President Kais Saied and the Head of the Government. He was held in custody for 48 hours and released at a late hour of the night to be kept released on bail.

Personal Information

Name: Taoufik Omran

Nationality: Tunisian

Occupation: Caricature Artist

Charges: Defamation or harassment of others through public communications networks.

Incidents of Violation

On the evening of Saturday, September 21st, upon arriving at his residence, caricature artist Taoufik Omran was surprised to find police officers in front of his house. They asked him to go with them briefly to the police station, at most 10 minutes, for questioning and consultation. Later, it was revealed that he was informed that he was under investigation due to an old bank check. He informed them that he had not issued any bank checks for years. Their response was that this falls under the jurisdiction of the prosecution, and he is required to accompany them immediately. Artist Taoufik Omran testified to Intersection Association for Rights and Freedoms that the questioning regarding the bank check took only 15 minutes. Nevertheless, they quickly shifted to questions about his artworks and drawings, and it lasted for more than three hours. He found the questions to be repetitive and a form of harassment and systematic violation. He was then taken to another office and subjected to the same questions again, as well as other personal questions about his political orientation, without informing him of his right to defense and the presence of a lawyer during the investigation. Around 10 PM, they decided to hold him in custody for 48 hours, where he was taken to the detention center in Bouchoucha. Around 2:00 AM, he was retaken to the Police Station, where they handed him back his I.D. and informed him that upon his release, he would receive a summons to appear before the Court of First Instance of Tunis. Later, Mr.Taoufik Omram stated that there was a case against him at the Court of First Instance of Ben Arous related to his caricature artwork. He is accused under Article 86 of the Telecommunications Law, which stipulates that any individual who deliberately insults, harasses, or causes discomfort to others through public communications networks will be sentenced to a period from 1 to 2 years and a fine ranging from 100 to 100.000 Tunisian Dinars.

Human Rights Violations

Taoufik Omran’s caricature drawings constitute a form of expressing his opinion, and it falls under his right to exercise freedom of expression that is guaranteed by local and international laws and conventions. Certainly, what happened to him, including his arrest, interrogation, and appearance at the course due to particular caricatures he has previously published, is a serious violation of human rights, especially the right to freedom of opinion and expression. This right is protected under Article 19 of the Universal Declaration of Human Rights, which states that “Everyone has the right to freedom of thought, conscience, and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontier,” as well as the International Covenant on Civil and Political Rights, which Tunsia is party to and bound to respect. In addition, the right to freedom of expression is a fundamental right guaranteed by the Tunisian constitution, which stipulates that “Freedom of opinion, thought, expression, information, and publication. Prior censorship of these freedoms is not permissible.” Furthermore, the violations did not stop at that, as during his arrest, Mr.Taoufik Omran was subjected to a breach of Law No.5 of the year 2016. He was not informed of his right to have a lawyer during the initial investigation, and he signed his statements without reading what was written, which constitutes an infringement of the principles of a fair trial.

Sources

Intersection Association documented the case of the violation after communication with Attorney Anas Kdoussi and Mr. Taoufik Omran on September 26, 2023.