Abdel Moneim El Hafidhi

Abdel Moneim El Hafidhi is a Tunisian citizen who was imprisoned and charged with committing a heinous against the President of the Republic on the grounds of critical posts he had posted on his personal social media page.

Personal Information: 

Name: Abdel Moneim El Hafidhi

Occupation: Blogger

Region: Metlawi, Gafsa Governorate

Charge: Article 67 of the Penal Code “committing a heinous against the President of the Republic.”

Incidents of Violation:

Abdel Moneim El Hafidhi is a Tunisian citizen and a blogger on social media networks. On Sunday, February 18, 2024, he was stopped near his residence by non-uniformed civil guard officers at around 6:30 PM in the evening. Subsequently, he was taken to the National Guard Center in the city of Metlawi, Gafsa Governorate.

The family of the victim of the violation stated in their testimony Intersection Association for Rights and Freedoms that one of the guard officers had returned to the family's house an hour later and asked them to hand over Abdel Moneim's phone, explaining that the reason was "related to problems in the Tunisia transport company where the victim worked.” Therefore, the family handed over the victim’s phone. The family also stated that Abdel Moneim's social media accounts remained active until late at night, while he was arrested, and his phone was in the possession of the National Guard officers.

Hours after the victim of the violation was arrested, his family was contacted to be informed that Abdel Moneim would remain in custody without providing any information explaining the reason for the detention or the charges against him. On February 20, 2024, he was then referred to the public prosecutor, who in turn decided to present him to the investigating judge on the same day.

The violation victim found himself accused of committing a heinous act against the president of the Republic in accordance with the provisions of Article 67 of the Penal Code, which states," Anyone who commits a heinous against the head of State shall be punished with three years in prison and a fine of two hundred and forty dinars, or one of two penalties only.” This was because of his critical posts on one of the social sites, as reported by the family. In addition, an arrest warrant was issued against him, and the violation victim was transferred to the "Aguila" prison in Gafsa governorate until he was referred to a psychiatrist, as decided by the investigating judge.

Human Rights Violations

The imprisonment of Abdel Moneim Hafizi on the grounds of critical posts on a social media site constitutes another transgression committed by the Tunisian state and a violation of human rights, especially the right to freedom of opinion and expression. This right is enshrined within international conventions that protect human rights, such as the Universal Declaration of Human Rights. In addition, the International Covenant on Civil and Political Rights, in Article 19, stipulates that "Everyone shall the right to hold opinions without interference....Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice."

Furthermore, The arrest of Abdel Moneim El Hafidhi, whose blog post contained only personal opinions directed at Tunisian political affairs, contradicts the set of restrictions internationally stipulated in Article 20 of the same covenant, which states that " any propaganda for war shall be prohibited by law...Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence is prohibited by law."

At the national level, the national human rights system guarantees through the constitution, according to Article 37, that “Freedom of opinion, thought, expression, media and publishing are guaranteed." Additionally, Article 22 of the constitution stipulates that "The state guarantees citizens individual and collective rights and freedoms, and provides them with the means of a decent life.”

Sources

Intersection Association for Rights and Freedoms documented this violation case after communicating with Abdel Moneim El Hafidhi’s family on February 22, 2024.