Ilyes Gharbi

:Summary

On May 2023, a formal summons was issued by the Tunisian police to the journalist Ilyes Gharbi  and his colleague Haythem Mekki pursuant to a complaint filed by a police officer in his personal capacity. They were summoned to the Subdirectorate for Criminal Affairs in Gorjani, where their statements were taken. Subsequently, they were released on the same day by virtue of the public prosecutor’s office's decision to keep them at liberty.

:Personal Information

Name: Ilyes Gharbi

Nationality: Tunisian

Occupation: Journalist

Case: Undermining the morale of the armed forces

:Incidents of Violation

On May 2023, the Tunisian police forces issued an official summons letter to Tunisian journalist Haythem Makki and his colleague at Radio Mosaique FM, journalist Elyes Gharbi, following a complaint filed against them by a police officer in his personal capacity, not representing any administrative or union structure associated with the police forces. The complaint allegedly revolved around a segment in one of the episodes of the news program “Midi Show” on Mosaique FM, where there was a discussion about the developments in Tunisian politics, including content that undermined the morale of the armed forces. On May 22, 2023, Haythem Makki went to the Subdirectorate of Criminal Affairs in Gorjani in Tunis to provide his statements and undergo questioning. The investigation lasted several hours, and after the judicial police officers reviewed the case, the public prosecutor’s office permitted Haythem to be released.

:Human Rights Violations

The summons of journalist Haythem Makki for questioning by the Subdirectorate for Criminal Affairs on the grounds of his statements and expression of his opinion on a radio program constitutes a violation of human rights and a transgression against freedom of expression, particularly the freedom of the press, which is protected by Decree No.115, which guarantees the rights of journalists. Furthermore, the Tunisian constitution protects freedom of expression, as stated in Article 37: “Freedom of opinion, thought, expression, media and publication is guaranteed. Prior censorship of these freedoms is not permissible.” Moreover, it is also a right entrenched within Article 19 of the Universal Declaration of Human Rights, which stipulates, “ 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.”, as well as the International Covenant on Civil and Political Rights. These are international conventions to which Tunisia is a party bound to respect. In fact, such trials indicate a rise in repression that Tunisia has been witnessing for several years, which contributes to the decline of democracy and retreat from one of the revolution’s significant gains, that is freedom of expression

:Sources

The case was documented after communicating with the journalist, Haythem Makki, and examining the defense team's statements and posts by activists and journalists regarding the issue