Abderrazek Kilani

Summary:

The Public Prosecutor’s Office at the Court of First Instance issued a decision to conduct an investigation against Mr. Abderrazek Kilani, lawyer and former dean of lawyers, for participating in a seminar on “Combating Impunity and Releasing Political Prisoners,” which was held in Paris last February.

Personal Information: 

Name: Abderrazek Kilani

Nationality: Tunisian

Occupation: Lawyer, Former minister and dean of lawyers

Case: The use of information systems to publish and disseminate news and data that include personal data and false information aiming at defaming and harming others, inciting assault against them, and promoting hate speech, according to Article 24 of Decree No.54.

Incidents of Violation:

In February 2024, in Paris, a seminar was held to discuss the topic of the human rights situation in Tunisia, the fight against impunity, and the release of political prisoners. Former President Mohamed Moncef Marzouki attended the seminar as a human rights and democracy advocate, along with the participation of Mr. Abderrazek Kilani.

As a result, the judicial authorities in Tunisia decided to open an investigation against Mr. Abdelrazak Kilani and Moncef Marzouki, with several charges under Article 24 of Decree No.54 on combating cybercrime. The research was limited to a video clip published on Moncef Marzouki's page, in which he addressed human rights issues in Tunisia, expressed his solidarity with political detainees, and compared the situation in Tunisia to the past. Sitting next to him was Mr.Abderrazek Kilani, who expressed in his testimony to Intersection Association for Rights and Freedoms that his referral to the judiciary was based on the speech delivered by Moncef Marzouki that day, without mentioning his intervention and only referring to his participation in that meeting.

When asked about the legal procedures, Mr. Abdelrazak Kilani said that a written communication was sent by the Solicitor-General at the Court of Appeal in Tunis to the president of the Lawyers’ Branch in Tunis, informing them of the criminal prosecution against him. He also stated that he was summoned to appear before the investigating judge on April 2, 2024,  but the latter was absent. The representative of the dean of lawyers was informed of the issue and that another session date would be set in that regard without providing a specific date.

It is worth noting that Mr. Abderrazek Kilani is facing another case, which dates back to March 2022, following his attempt to visit the former minister of Justice Noureddine Bhiri in the hospital. He faces charges by virtue of Articles 79, 125, and 136 of the Penal Code, where he was previously brought before the military judiciary, which in turn declared its lack of jurisdiction and referred the case to the civil judiciary. A hearing was scheduled on May 2, 2024, to hear his testimony as a defendant in the case.

Human Rights Violations

The referral of Mr. Abderrazek Kilani to the judiciary due to his participation in a seminar related to human rights issues is a violation of human rights, especially the civil and political rights of individuals, including the right to peaceful assembly and participation in seminars, meetings and other forms of peaceful assembly. These rights are protected by Article 21 of the International Covenant on Civil and Political Rights. It is also a right guaranteed by the Tunisian constitution, as there was no reference to the intervention of Mr. Abderrazek Kilani, and his inclusion in the case was only limited to his participation in the seminar without informing him of the actions attributed to him. 

Moreover, the use of Decree No.54 to open an investigation without referring to the intervention of the victim of the violation and what was stated by him is a targeting and punishment against him due to his activity, defense of rights and freedoms, and his criticism of the existing political authority. Additionally, Decree No.54 represents a violation of human rights, a restriction of rights and freedoms, and also a contradiction of international texts and conventions that protect this right. Namely, Article 19 of the Universal Declaration of Human Rights, which states,” 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.” Furthermore, the International Covenant on Civil and Political Rights, to which Tunisia is a party and is obligated to respect. In addition, this text contradicts the content of the Tunisian constitution, which states in Article 37 that” Freedom of opinion, thought, expression, media, and publication is guaranteed. No prior censorship shall be imposed on these freedoms.”