Houssem Hajlaoui

Summary

A nine-month suspended sentence against journalist and blogger Houssem Hajlaoui in a public prosecution, over critical posts, that had become time-barred.

Personal Information

Full name: Houssem Hajlaoui

Status: Journalist and blogger

Charges: Offences governed by Article 86 of the Telecommunications Code and Article 24 of Decree-Law 54

Incidents of Violation

Journalist and blogger Houssem Hajlaoui was summoned on 13 and 14 May 2024 for questioning by the preliminary investigator in connection with a complaint filed by a security unit through the Directorate of Criminal Affairs in El Gorjani, under Article 86 of the Telecommunications Code, which provides that "Anyone who deliberately offends others or disturbs their peace through public telecommunications networks shall be punished by imprisonment for a term of one to two years and a fine of one hundred to one thousand dinars",

and Article 24 of Decree-Law 54, which provides that "Anyone who deliberately uses information and communication networks and systems to produce, promote, publish, transmit or prepare false news, statements or rumours, or fabricated or forged documents, or documents falsely attributed to others, with the aim of infringing the rights of others, harming public security or national defence, or spreading terror among the population, shall be punished by imprisonment for five years and a fine of fifty thousand dinars. The same penalties provided for in the first paragraph shall apply to anyone who deliberately uses information systems to publish or disseminate news or fabricated or forged documents, or data containing personal data, or to attribute untrue matters with the aim of defaming others, damaging their reputation, harming them materially or morally, inciting attacks against them or inciting hate speech. The penalties provided for shall be doubled if the targeted person is a public official or similar."

This was for publishing critical posts over the past four years, according to the lawyer of the victim of the violation in an interview on a radio station, such as posts on security abuses during the lockdown period of the COVID-19 pandemic in March 2020. Hajlaoui was then held in police custody for 48 hours and his phone was seized on 14 May 2024.

The Public Prosecution also issued a committal warrant to Mornaguia prison against Hajlaoui on 16 May 2024. He subsequently appeared before the court on 23 May 2024, where the Sixth Misdemeanour Chamber of the Court of First Instance of Tunis sentenced Hajlaoui to nine months in prison, suspended. The lawyer of the victim of the violation explained, after Intersection Association for Rights and Freedoms contacted him, that the investigation against the victim of the violation dates back to 2020, which makes the case unlawful, since the case at hand is a misdemeanour that becomes time-barred three years after it is opened under Tunisian law. He added that the judgment had been appealed, pending the court's response on the appeal in the case.

Human Rights Violations

The sentencing of journalist and blogger Houssem Hajlaoui over critical posts on social media, after he was held in police custody and detained on the basis of a public prosecution for a "misdemeanour" opened in 2020, constitutes a flagrant violation of the fundamentals of a fair trial and of freedom of opinion and expression.

Article 7 of the Universal Declaration of Human Rights provides that "All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination", and Article 10 that "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."

This is in addition to what the International Covenant on Civil and Political Rights enshrines regarding freedom of opinion and expression. Its Article 19 provides that "Everyone shall have the right to hold opinions without interference.... Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice."

The national legal system also provides, in Article 5 of the Code of Criminal Procedure, that "Except in the special cases provided for by law, public prosecution shall be time-barred after ten full years if it arises from a felony, after three full years if it arises from a misdemeanour, and after one full year if it arises from a petty offence, starting from the day the offence was committed, provided that no act of investigation or prosecution takes place during that period."

In addition, the 2022 Constitution provides in its Article 33 that "The accused is presumed innocent until proven guilty in a fair trial in which he is guaranteed all the rights of defence during the stages of prosecution and trial", and in its Article 22 that "The State shall guarantee to citizens individual and public rights and freedoms and shall provide them with the conditions for a decent life", as well as Article 37, which requires that "Freedom of opinion, thought, expression, information and publication shall be guaranteed."

It should also be noted that, since the 2010–2011 revolution, journalists and bloggers have been subject to a specific national framework that imposes specific penalties under Decree-Laws 115 and 116 of 2011, in keeping with the particularities of the profession.

The violations set out above therefore constitute another blow to the gains of the revolution, such as freedom, which cannot be enshrined and guaranteed within the framework of repressive laws that are unjust to freedom of opinion and expression and inconsistent with international treaties and instruments, in addition to procedural violations that are incompatible with the fundamentals of the rule of law.

Sources

The case of the victim of the violation was monitored and documented through news websites and radio stations and through contact with the lawyer of the victim of the violation on 3 June 2024.