Aladdin Harrabi

Summary:

Alaeddine Harrabi, a young Tunisian man, was initially sentenced to one year in prison with immediate effect under Article 24 of Decree No.54 and Article 129 of the Penal Code. This was due to publishing a post on his personal Facebook account where he expressed his opinion on issues relevant to public affairs.

Personal Information:

Name: Aladdin Harrabi

Nationality: Kebeli, Tunisia

Occupation: Student

Case:  Producing, promoting, publishing, sending, preparing news, statements, or rumors per Article 24 of Decree No. 54, and ridiculing the national flag as stipulated in Article 129 of the Penal Code.

Incidents of Violation:

Alaeddine Harrbi is a young Tunisian student at the Higher Institute of Computer Science in Mahdia.  In late June of this year, Aladdine was arrested, as the police stopped him while he was at work. His arrest was because of a case filed against him related to his posts on his personal Facebook account leading to being charged with crimes stipulated under Article 24 of Decree No. 54 on combating cybercrimes, and Article 129 of the Penal Code. By the end of the investigation, the public prosecution was consulted and decided to hold Aleddine in detention at the Kebeli Governorate police headquarters. On July 3, after Aladdin's appearance before the court, the Court of First Instance issued a verdict sentencing him to one year with immediate effect.

Human Rights Violations

The wave of violations against citizens continues, especially against youth and all those who express their opinions freely. In fact, the Tunisian state restricts and prosecutes them in accordance with laws restricting freedom of opinion and expression, particularly Decree No. 54, which has become a tool used to deter and oppress anyone who criticizes or expresses their opinion on political issues in Tunisia. The trial of Alaeddin Harrabi and his imprisonment represents a serious transgression of human rights and a violation of international texts and charters that protect this right. The victim’s post in teh digital space is at the core of the right to freedom of opinion and expression and falls under the exercise of this right. A one-year sentence in prison because of an opinion is another violation committed by the Tunisian state and an infringement of human rights, especially the right to freedom of opinion and expression, which is enshrined in international conventions that protect human rights. It is a right entrenched in international charters, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which states in Article 19 “Everyone shall have 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 print, in the form of art, or through any other media of his choice." In addition, the African Charter on Human and Peoples' Rights also stresses in its 9th Article that "Every individual shall have the right to express and disseminate his opinions within the law."*

On the other hand, at the national level, the right to freedom of opinion and expression is constitutionally enshrined in the Constitution of 2022 in Article 37, which states that "Freedom of opinion, thought, expression, information, and publication is guaranteed. Prior censorship of these freedoms is not permitted.” However, the decision of the court of First Instance in Kebili to imprison the student Alaeddine for a full year with immediate effect contradicts the principle of proportionality of punishment and the committed act as enshrined in Article 55 of the Tunisian constitution of 2022, which states that “Restrictions on the rights and freedoms guaranteed by this Constitution shall be placed only by virtue of a law and a necessity required by the national defense, public security, public health, protection of the rights of others, or public morals. Such restrictions shall not affect the essence of the rights and freedoms guaranteed by this Constitution and must be justified by their objectives and appropriate to their reasons. No amendment shall undermine the gains of human rights and freedoms guaranteed in this Constitution. All judicial bodies shall protect these rights and freedoms from any violation. “ No revision shall prejudice the gains of human rights and freedoms guaranteed in this Constitution. 

Returning to the content of the post, it clearly shows that it only contained political opinions and ideas, which indicates that his arrest and imprisonment contradict the restrictions stipulated internationally in Article 20 of the same covenant, which states that ”Any propaganda for war is prohibited by law...any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence is prohibited by law”. The act he committed and the content of the comment come within the exercise of his right to freedom of expression stipulated in the aforementioned charters. His imprisonment represents a continuation of the violation of rights and freedoms in Tunisia and discourages citizens from engaging and interacting with issues related to public affairs.

Sources

Intersection Association for Rights and Freedoms documented this case with the victim’s sister, on July 9, 2024.