Monia Arfaoui

Summary

Monia Arfaoui is a journalist and trainer at the Commission on Human Rights. On Friday, 24, 2023, the Judicial Police Unit of Al-Gorjani summoned her due to two complaints filed against her by the Minister of Religious Affairs, which are related to articles and posts she published.

Personal Information

Name: Monia Arfaoui

Nationality: Tunisian

Occupation: Journalist at “Al-Sabah” and Trainer at the Commission on Human Rights

Charges: Dissemination of hate speech, extremism, and defamation against the Minister of Religious Affairs.

Incidents of Violation

On Friday, March 24, 2023, Journalist Monia Arfaoui appeared before the Judicial Police Unit of Al.-Gorjani. It was revealed that she was summoned because of two complaints filed against her by the Minister of Religious Affairs. The first case falls under Decree No.115 regarding freedom of the press, printing, and publishing, concerning newspaper articles published by Monia Arfaoui alongside many posts addressing allegations of corruption linked to the Minister of Religious Affairs about the Hajj file. She had been questioned and then released. However, the second case was based on Decree No.54 due to posts on her personal social media page in which she criticized the Minister of Religious Affairs and his management of the ministry in relation to several files. 

The defense team requested an appeal due to irregularities in terms of procedures, as her account has yet to be examined. In a testimony to Intersection Association for Rights and Freedoms, the victim stated that she had been accused of the dissemination of Western and extremist ideas among the imams. This accusation is based on her involvement in working on a program that tackles extremism in mosques, conducted in partnership with the Ministry of Religious Affairs and the Commission on Human Rights. 

On March 30, Journalist Monia Arfaoui appeared for questioning in the second case, where the file was transferred to court, and she was kept on bail. The victim of the violation believed that her referral based on Decree No.54 aimed at circumventing Decree No.115, as Decree No.54 may result in a breach of freedom of expression.

Human Rights Violations

Intersection Association believes that the authorities used Decree No.54 to threaten critics and silence their voices, particularly journalists. It is an oppressive policy and an apparent violation of freedom of expression and the press. Indeed, suing individuals because of their opinions is a flagrant transgression of Article 19 of the Universal Declaration of Human Rights, which stipulates: “Everyone has the 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.” Moreover, it is a blatant breach of Article 37 of the Tunisian constitution, which mandates: “ Freedom of opinion, expression, information and publishing is guaranteed.” Not to mention the violations under Decree No.54, which imposes unfair imprisonment and hefty financial penalties for a wide range of actions that can be categorized as severe crimes that endanger public order. Therefore, the charges against the violation victim, Journalist Monia Arfaoui, is a clear violation of freedom of the press, publishing, and expression, which is a fundamental right guaranteed by the Tunisian constitution, under Article 37, which states that “Freedom of opinion, expression, information, and publishing is guaranteed. Prior censorship of these freedoms is not permissible.”

Sources

Intersection Association for Rights and Freedoms documented this case after communicating with journalist Monia Arfaoui and receiving her testimony, as well as examining the posts related to the case and her statements.