Summary :
Dhia Hamdi, a Tunisian student and activist in the campaign to boycott and oppose normalization, was arrested and interrogated for his activism and for writing slogans against genocide and normalization. After police found a screenshot of a mural by artist Rached Tamboura on his phone, he was charged with committing an offensive act against the President under Article 67 of the Penal Code.
Personal Information:
Name: Dhia Hamdi
Nationality: Tunisian
Occupation: Student
Case: committing an offensive act against the president, under Article 67 of the penal code
Violation Incidents:
On September 21, 2024, student Dhia Hamdi was arrested in Sfax for his support of the Palestinian cause and for writing “Boycott, do not fund genocide” on an advertising billboard. He was interrogated without a lawyer and faced pressure to answer questions that were only related to his activism. His phone was searched and retained for further investigation, and his room was also searched, as he mentioned to Intersection association.
Dhia received another summons on the grounds of having a screenshot of a mural by imprisoned artist Rached Tamboura on his phone. This was part of the investigation that led to charges based on Article 67 of the Penal Code, which punishes offensive acts against the President with up to three years in prison and a fine of 240 dinars. He was later released with a court hearing scheduled for October 31, 2024.
Human Rights violations:
The arrest of student Dhia Hamdi 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 Dhia for questioning after his release, based on a screenshot of Rached Tamboura’s mural found on his 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 Dhia 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.