Summary
Moncef El-Houaidi is a social and environmental activist known for his continuous advocacy for the right to water in the El-Houaidiya region. He was recently prosecuted and imprisoned under Article 67 of the Tunisian Penal Code and Decree No. 54. The Jendouba Court of First Instance sentenced him to two years in prison and a fine of one thousand dinars over Facebook posts he published on his personal page.
Personal Information
Name: Moncef El-Houaidi
Status: CitizenNationality: Tunisian
Chronology of Violations:
Moncef El-Houaidi, a father of three and a street vendor by trade, is an environmental activist who led the sit-in in the El-Houaidiya area of Jendouba Governorate to demand the right to water.
On 30 August 2024, Moncef El-Houaidi was arrested by officers from the Research and Investigation Unit of the National Guard in Tabarka, Jendouba Governorate, on the basis of outstanding search warrants in public-order cases, according to his lawyer. However, during his interrogation, the Public Prosecutor’s Office independently opened an investigation into posts he had published on his personal Facebook page.
On 2 September 2024, El-Houaidi was referred to an investigating judge and charged in connection with his online publications under Decree No. 54 and Article 67 of the Penal Code, which criminalizes “acts considered offensive to the President of the Republic.”
At his request, a lawyer was appointed to attend the interrogation, but she later withdrew from the case. On the day of the hearing, El-Houaidi was informed of her absence and agreed to proceed without legal representation.
During questioning, he was confronted with a number of Facebook posts attributed to him, including one reading, “Down with the Decree and its author,” and another stating, “A correction of course and a revolutionary explosion — little did we know it was the explosion of the sewage system.” According to his defense team, El-Houaidi explained that these posts were expressions of his opinion on public affairs.
After spending one year in pre-trial detention, the Criminal Chamber of the Jendouba Court of First Instance issued its verdict on 6 October 2025, convicting Moncef El-Houaidi on the same day he was brought before the court. He was prosecuted under Article 67 of the Penal Code and Article 24 of Decree No. 54.
The court, ruling in the first instance and in his presence, sentenced him to two years in prison and a fine of one thousand dinars, in addition to court costs. The judgment cited the offense of “using information systems to disseminate false news and attribute untrue statements to others with the intent to defame and cause moral harm.” The court dismissed all remaining charges.
Human Rights Violation.
The case of Moncef El-Houaidi highlights a series of human rights violations, most notably the violation of his right to freedom of expression. His prosecution was based solely on posts he published on social media, which constitutes a clear infringement of his right to express his opinions freely — a fundamental right protected by the Tunisian Constitution and enshrined in Article 37 of the 2022 Constitution, which affirms that “freedom of opinion, thought, expression, information, and publication is guaranteed, and prior censorship of these freedoms is prohibited.” This prosecution also violates Article 19 of both the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration of Human Rights (UDHR), which guarantee every individual the right to hold opinions without interference and to express them freely.
The use of Decree No. 54 and Article 67 of the Penal Code to criminalize opinion and political criticism imposes restrictions on freedom of expression that far exceed the permissible limits in a democratic society. The repeated use of Decree No. 54 to prosecute opinions framed as “false news” or “defamation” exposes the authorities’ real intent to instrumentalize the law as a tool of repression, targeting citizens for exercising their right to free expression.
The use of Decree No. 54 and Article 67 of the Penal Code to criminalize opinion and political criticism imposes restrictions on freedom of expression that go well beyond the limits permissible in a democratic society. The systematic application of Decree No. 54 in cases involving expression of opinion — often by framing such speech as “false news” or “defamation” — reveals the authorities’ true intent to use this legislation as an instrument of repression. It serves to harass citizens and suppress dissent, even though the victim was merely exercising his lawful right to express his views as guaranteed by national and international law.
Decree No. 54, issued on 13 September 2022, along with its Article 24, establishes severe penalties of up to five years’ imprisonment and heavy fines, with sentences doubled when the alleged offense involves a public official. These provisions pose a clear threat to freedom of opinion and expression and stand in violation of Tunisia’s international human rights obligations. The decree has increasingly become a preferred instrument of the authorities, used to target anyone who dares to criticize government policies or express dissenting views on matters of public concern.
Moreover, the two-year prison sentence and monetary fine imposed on Moncef El-Houaidi illustrate a clear lack of proportionality between the alleged act and the punishment. The posts in question were legitimate expressions of opinion and political critique, containing neither incitement to violence nor hate speech. Imposing a custodial sentence for such expression represents an excessive and abusive application of the law, undermining the right to free expression as protected by Article 55 of the 2022 Constitution, which stipulates that any restriction on rights and freedoms must be limited, necessary, and proportionate to a legitimate purpose.
This measure also contravenes Article 19(3) of the International Covenant on Civil and Political Rights (ICCPR), which provides that any restrictions on freedom of expression must be narrowly defined and must not impair the essence of the right itself.
The conviction of Moncef El-Houaidi therefore constitutes a serious violation of fundamental human rights and reflects an ongoing pattern of state repression aimed at curtailing and criminalizing free expression in Tunisia.