Summary:
Following a radio statement dating back to 2022 by political activist Chaima Issa, in which she criticized the ruling authority, she faced many charges. Therefore, she stood before the military court, which issued an appeal sentence on May 8, 2024, sentencing her to a year of imprisonment with immediate effect.
Personal Information:
Name: Chaima Issa
Nationality: Tunisian
Occupation: Political activist and member of the Political Committee of the Salvation Front
Charges: Incitement, by any means, of the military to disobey orders and commit atrocity against the head of the state, as well as spreading and diffusing fake news and rumors through communication and information networks and systems to undermine public security and national defense.
Incidents of Violation:
Chaima Essa is a Tunisian political activist known for her opposition to President Kais Said and her criticism of the set of decisions he has taken since July 25, 2021. On December 22, 2022, activist Shaima Issa gave an interview on IFM radio in which she criticized the President regarding the integrity of the elections. On January 18, 2023, she was officially summoned to appear before the Central Crime Investigation Brigade of the National Guard in Ben Arous for questioning. Chaima announced that she learned she was banned from traveling before her statements were heard in the investigation. She then found herself the subject of judicial prosecution, facing charges such as inciting the military personnel by any means to disobey orders, committing a heinous act against the head of state, promoting and spreading fake news and rumors through information and communication networks and systems with the aim of harming public security and national defense. This is based on a warrant issued by the third investigating judge of the military court. In addition, the political activist stressed that what she said in her media presence is not a crime that requires a military, rather it is part of engaging with daily political topics and matters of public affairs.
On May 12, 2023, she was referred to the Criminal Chamber of the Permanent Military Court of Tunis for the second time. The investigating judge later decided to keep her on provisional release. Since that date, until December 12, 2023, the political activist Chaima Issa was summoned to appear again before the Criminal Chamber of the Permanent Military Court of Tunis because of the case against her. As a result, the court sentenced her to a one-year in prison suspended. 5 months later, the victim of the violation was surprised by a ruling issued by the Military Court of Appeal sentencing her to a year in prison with immediate effect. She admitted in a post on her personal page that neither did she receive any official summons nor her lawyers were informed her lawyers, who in turn filed an appeal against the verdict. A hearing has been scheduled by the judiciary for June 6, 2024, to consider the verdict issued with a summons to appear on the same date at the headquarters of the military appeals court.
In addition to this case, political activist Chaima Issa faces another case related to her political activity. On February 22, 2023, she was arrested due to her name being included in the case of conspiracy against state security. On February 25, 2023, the investigating judge of the Judicial Department for Combatting Terrorism issued an arrest warrant against Chaima Issa, who had remained in prison for 5 months before the judiciary decided to release her on parole and the verdict in this case is still pending.
Human Rights Violations:
What the political activist “Chaima Issa ” stated falls within her right to exercise her right to freedom of expression, as such trials that target political activists because of their opposition to the existing regime and their statements on media platforms and expressing their opinions on public matters are oppressive practices aimed at violating freedom of opinion and expression. Besides, Decree No. 54 represents a suppression of freedom of expression and intimidation of activists to silence and deter them from engaging in public affairs and criticizing state bodies. Prosecuting people for their opinions is a clear violation of Article 19 of the Universal Declaration of Human Rights, which states that ” Everyone has the right to freedom of opinion 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 frontiers.” Not to mention the set of violations included in Decree No. 54, which imposes prison sentences and unfair financial fines for a wide range of crimes vaguely and loosely mentioned in the decree. Furthermore, what “Chaima” stated does not constitute any kind of danger mentioned in the charges against her. Moreover, the presentation of a citizen before a military court constitutes a transgression of the right to a fair trial protected by Article 10 of the Universal Declaration of Human Rights, which stipulates: “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.».
Military trials of civilians represent a form of arbitrary actions practiced by the Tunisian authorities since July 25, 2021, against all its opponents and all those who criticize them, with the aim of suppressing and silencing them.