Chaima Issa

Summary

Chaima Issa is a political activist who was tired and prohibited from traveling due to media statements in which she criticized the Tunisian Military and the president’s administration police

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 false news and rumors through communication and information channels and systems to undermine public security and national defense

Incidents of Violation

Chaima Issai is a political activist known for her opposition to President Kais Saied and criticism of the policies he has executed since July 25, 2021. On December 22, 2022, Activist Chaima participated in an interview on IFM radio in which she criticized the president regarding the integrity of the elections. Following this statement, Chaima expressed to Intersection Association that she had become targeted by the political authority and was subjected to a series of smear campaigns. On January 18, 2023, she was officially summoned to appear before the Central Unit for Combating Crime of the National Guard in Ben Arous for interrogation. She then described that in that regard, she learned she was prohibited from traveling before she was questioned. She then found herself subjected to a judicial investigation and facing charges such as inciting, by any means, of the military to disobey orders, commit heinous acts against the President, and spreading and disseminating false information and rumors through information and communication channels and systems with the aim of undermining public security and national defense. This is by virtue of letters rogatory issued by the Third Investigating Judge of the Military Court. Furthermore, the political activist insisted that the charges she was facing were based on Decree No.54, which has become a tool used by the authorities to oppress its opponents, and that what she said in the media does not constitute a crime that necessitates a military trial, but rather it takes part of addressing daily political issues and affairs . On February 22, 2023, Shaima Issa was arrested by the police for allegedly conspiring against state security. Her defense team claimed that the authorities had confiscated some of her personal belongings, including written notebooks, books, and papers found in her house. Shaima Issa was investigated for 48 hours and was questioned without the presence of her lawyer in accordance with the Terrorism Law of 2015. Her involvement in opposition to the July 25 process and her participation in political meetings with other politicians who were detained in the same case led to her arrest. On February 25, 2023, the investigating judge at the Anti-Terrorism Judicial Pole issued a prison sentence against Shaima Issa. She remained in prison for five months due to her political activities

Trial

Political activist Chaima Issa was summoned to appear before the Central Unit for Combating Crime of the National Guard in Ben Arous by virtue of written letters rogatory issued by the Third Military Investigating Judge. Following her interrogation, the investigating judge released her by imposing a traveling ban

Human Rights Violations

The statements of political activist Chaima Issa fall under her right to exercise the right to freedom of speech. In this regard, such trials targeting political activists because of their opposition to the ruling regimen, their media statements, and their expression of opinions regarding public affairs take part in the repressive policies that seek to violate freedom of opinion and expression. Moreover, Decree No.54 represents an oppression of freedom of expression and an intimidation tactic aimed at silencing activists and discouraging this form from engaging in matters concerning public affairs and criticizing state authorities. In addition, prosecuting individuals for their opinions constitutes a blatant violation of Article 19 of the Universal Declaration of Human Rights, which mandates that “Everyone has the right to freedom of thought and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers.” Not to mention the set of transgressions included in Decree No.54, such as imprisonment and hefty fines for a large number of crimes that were mentioned vaguely and loosely therein. Besides, Chaima's statements do not represent any form of the aforementioned danger for her to be accused. Furthermore, presenting a citizen before the military judiciary constitutes a violation of the right to a fair trial protected under 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.” Thus, military trials of citizens are a form of oppressive policy that the Tunisian authorities have implemented since July 25, 2021, against its opponents and critics so as to eliminate and silence them

Sources

This case was documented based on the testimony of political activist Chaima Issa to Intersection Association, including her lawyer’s publications and a number of published articles and media interviews related to the case