Summary:
Adem Hammami, a Tunisian student and activist in the Tunisian Campaign to Boycott and oppose Normalization, was detained, had his phone seized, and was questioned due to his activism and his slogans denouncing genocide and opposing normalization.
Personal Information:
Name: Adem Hammami
Nationality: Tunisian
Occupation: Student
Case: committing an offensive act against the president, under Article 67 of the penal code
Violation Incidents:
On Saturday, September,21 Adem Hammami was detained for his activism supporting the Palestinian cause and for writing the phrase “Boycott, don’t fund genocide” on an advertising billboard. The victim recounts that during the questioning at the police station, he was interrogated without a lawyer with all the questions being only related to his activism, which is considered a form of intimidation intended to to scare young people and prevent them from exercising their rights. In addition, Adem’s phone was seized, extensively searched, and retained by authorities under the guise of further investigation into its contents such as data and photos, and his room was also searched.
A screenshot of a mural by detainee Rached Tamboura found on his friend Dhia Hamdi’s device, who was also detained alongside him, resulted in Adem receiving another summons for questioning on October 16, 2024.
His lawyer confirmed that Adem was charged under Article 67 of the Penal Code, which penalizes serious offenses against the President of the Republic, carrying a potential sentence of three years in prison or a fine of 240 dinars. He was released pending trial, with a hearing set for October 31, 2024, at the Court of first instance in Beb Bhar, Sfax.
Human Rights violations:
The arrest of student Adam Hammami represents a flagrant violation of his right to freedom of opinion and expression, in fact, what he wrote is a form of protest and an expression of his views, a right guaranteed to all citizens by the 2022 Tunisian Constitution, which states in Article 42 that “freedom of peaceful assembly and demonstration is guaranteed”. In addition, this right is secured in international and regional agreements to which Tunisia is a party.
Furthermore, the act of summoning Adem for questioning after his release, based on a screenshot of Rached Tamboura’s mural found on his friend’s phone and labeling it as an offense against the President under Article 67 of the Penal Code, violates his right to freedom of expression, which contradicts Article 19 of the Universal Declaration of Human Rights that states “Everyone has the right to freedom of opinion and expression, including the freedom to hold opinions without interference and to seek, receive, and share information across any media without limitations.” Paragraph 2 of Article 19 declares “protects all forms of expression and the means by which they are shared. These forms include spoken and written language, sign language, and non verbal expressions, such as images and artwork. Means of expression include books, newspapers, publications, posters, signs, clothing, and legal documents, as well as all audiovisual forms of electronic and online expression.”
As a member of the African Union, Tunisia is obligated to maintain the provisions of the African Charter on Human’s Rights, which indicates in paragraph 2 of Article 9 that “every individual shall have the right to express and communicate his opinions within the law.” Additionally, at the national level, “freedom of opinion, thought, expression, media, and publication is guaranteed.”
Adding to that, the arrest of Adem and questioning him without a lawyer violates the right of individuals in custody as outlined in Law No. 5 of 2016, which amends the Code of Criminal Procedure. Article 13, paragraph seven, declares that “the suspect, unless detained by law enforcement officers, has the right to choose a lawyer to be present during questioning or confrontation.”
This rise in arrests, trials, and charges against individuals for their opinions reflects an escalation of restrictions on freedoms in Tunisia, indicating a systematic effort by the state to limit public space and increase control over their liberties. In fact, Democratic societies that respect Human Rights cannot target opposing voices and attempt to silence them, whether coming from activists, Human Rights defenders, or citizens.