Mawadda Jemai
Student
Summary
Mawadda is a student and activist who was arrested and committed to prison because of posts on social media.
Personal Information
Name: Mawadda Jemai
Status: Student
Nationality: Tunisian
Charges
The offences provided for in Article 24 of Decree-Law No. 54, and the charge of insulting a public official under Article 125 of the Penal Code.
Incidents of Violation
On 24 September 2024, the victim of the violation heard talk that she might be arrested because of her participation in the recent protests. According to her testimony, when she left her home that morning she noticed an ordinary, unmarked car watching her. According to her account, she waited about 15 minutes for a taxi to arrive.
When the car arrived, it went straight to Mawadda, passing another girl who had been waiting before her. Mawadda asked the taxi driver to take her to a gym in Gabes, where she knew there were surveillance cameras, for fear of being suddenly arrested.
When she got out of the car, two people in civilian clothes approached her and told her that they were from the security forces and that she had to accompany them. She refused and asked them to show proof that they were police officers, but they refused, and she was forcibly taken to the National Guard regional headquarters and verbally abused.
On arrival, the victim of the violation tells us, she asked them to allow her to exercise her right to make a telephone call; she was allowed to do so and called her lawyer. Her mobile phone was then confiscated. After a while, she felt short of breath and her health deteriorated, and she asked for help, but one of the officers took her bag and refused to return it, accusing her of lying and play-acting.
They then began bombarding her with questions and interrogating her even before the lawyer arrived. After he arrived and her questioning ended, the Public Prosecution decided to commit her to Gabes civil prison, where she spent the night before being brought before the court the following day.
The victim of the violation also recounts that the night she spent in prison contributed to a further deterioration of her health, in addition to the intimidation she suffered from the moment of her arrest until she entered prison. On 25 September 2024, it was decided to release her and leave her at liberty pending the scheduling of the next hearing.
Human Rights Violations
What happened to student Mawadda Jemai constitutes a violation of human rights. Her sudden arrest without prior notice or following the procedures provided for by law amounts to a form of arbitrary arrest prohibited by Article 9 of the International Covenant on Civil and Political Rights. It also constitutes a breach of Article 35 of the 2022 Tunisian Constitution, which provides that "No person may be arrested or held in custody except in cases of flagrante delicto or by a judicial decision. He shall be immediately informed of his rights and of the charge against him, and may appoint a lawyer. The duration of arrest and custody shall be determined by law." In addition, the victim's exposure to degrading treatment, such as threats of violence and verbal and physical abuse, constitutes a violation of physical integrity and contravenes Article 25 of the Tunisian Constitution, which states: "The State shall protect human dignity and physical integrity, and shall prohibit mental and physical torture. The crime of torture shall not be subject to any statute of limitations." Moreover, the arrest stems from the victim's exercise of her right to freedom of opinion and expression through participating in a peaceful protest and sharing critical posts on social media, a right protected by Article 20, paragraph 1, of the Universal Declaration of Human Rights: "Everyone has the right to freedom of peaceful assembly and association", as well as Article 21 of the International Covenant on Civil and Political Rights. The Tunisian Constitution also guarantees in Article 42 that "Freedom of peaceful assembly and demonstration is guaranteed." Finally, this constitutes a violation of Article 19 of the International Covenant on Civil and Political Rights, which provides in its first paragraph that "Everyone shall have the right to hold opinions without interference." This right includes the freedom to discuss public affairs and to organise peaceful gatherings and meetings.