Moncef El-Houaidi
منصف الهوايدي - Moncef El-Houaidi
Summary
Moncef El-Houaidi is a social and environmental activist known for his continuous advocacy for the right to water in the El-Houaidiya area. He was recently imprisoned and prosecuted under Article 67 of the Penal Code and Decree-Law No. 54, and was sentenced to two years in prison and a fine of one thousand dinars over posts he published on his social media page.
Personal Information
- Name: Moncef El-Houaidi
- Status: Citizen
- Nationality: Tunisian
Incidents of Violation
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 the Research and Search Unit in Tabarka on the basis of search warrants issued against him in ordinary criminal cases, according to his lawyer. However, during his questioning, the Public Prosecution, on its own initiative, opened a judicial investigation into posts he had published on his personal Facebook page. On 2 September 2024 he was referred to the investigating judge and found himself charged over his publications under Decree-Law No. 54 and Article 67 of the Penal Code, concerning the charge of committing an outrageous act against the President of the Republic.
At his request, a lawyer was appointed to attend his questioning, but she later withdrew. On the day of the questioning, he was informed that the lawyer would not attend, and he agreed to continue the proceedings without a lawyer at his side. During his hearing, he was shown a number of posts belonging to him, including one reading “Down with the decree and its author” and another stating: “Correction of course and revolutionary explosion; if only we had known it was a sewage explosion.” According to his defence team, he explained that through these posts he was expressing his opinion on public affairs.
One year after he was placed in prison, on 6 October the Criminal Chamber of the Jendouba Court of First Instance issued a conviction against Moncef El-Houaidi, who was brought before the court on the same day to be tried for the charges against him under Article 67 of the Penal Code and Article 24 of Decree-Law No. 54.
The court, ruling at first instance and in his presence, sentenced him to two years in prison and a fine of one thousand dinars, and ordered him to pay the legal costs, for the offence of using information systems to spread false news and attribute untrue matters with the aim of defaming others, damaging their reputation and causing them moral harm. The court dismissed the case as to the remaining charges.
Human Rights Violations
The case of Moncef El-Houaidi highlights a number of human rights violations, in particular the violation of his right to freedom of expression, as he was prosecuted because of his posts on social media. This constitutes a clear violation of his right to freedom of expression, a fundamental right protected under the Tunisian Constitution and enshrined in Article 37 of the 2022 Constitution: “Freedom of opinion, thought, expression, information and publication is guaranteed. No prior censorship may be exercised over these freedoms.” It also violates Article 19 of the International Covenant on Civil and Political Rights and Article 19 of the Universal Declaration of Human Rights, which provide for every person's right to express their opinions without interference.
The use of Decree-Law No. 54 and Article 67 of the Penal Code to criminalise opinion and political criticism restricts freedom of expression beyond the limits permissible in a democratic society. Moreover, the use of Decree-Law No. 54 in all opinion cases, classifying them as rumours and false news, reflects nothing but the authorities' real intention to use this text to strike at rights and freedoms and harass citizens, especially since the victim expressed his opinion in accordance with the rights and freedoms guaranteed to him by law.
It should be recalled that Decree-Law No. 54, issued on 13 September 2022, and its Article 24 provide for severe penalties of five years' imprisonment and a fine, doubled where the case concerns a public official, which poses a clear danger to freedom of opinion and expression and is also contrary to Tunisia's international obligations. It has become a favoured tool in the hands of the authorities, used to target anyone who dares to criticise the situation or freely express their opinion on matters of public affairs.
The sentence imposed on Moncef El-Houaidi, two years in prison with a fine, is also a clear example of disproportion between the act and the penalty. The posts he published on his personal page did not go beyond the expression of opinion and criticism, and contained no call to violence or incitement to hatred. Imposing a custodial sentence for such an act therefore reflects an excessive use of the law and its bending to restrict freedom of expression, contrary to Article 55 of the 2022 Constitution of Tunisia, which stresses that any restriction of rights and freedoms must be limited, necessary and proportionate to the legitimate aim the law seeks to achieve. This measure also contradicts Article 19(3) of the International Covenant on Civil and Political Rights, which makes clear that any restrictions on freedom of expression must be limited and must not impair the essence of the right itself. The sentence imposed on El-Houaidi therefore constitutes a breach of fundamental human rights principles and shows a policy pursued by the authorities for years to restrict and criminalise freedom of expression.