Summary:
On 21 September 2026, photojournalist Malek Ben Dkhil, journalist Chaker Jahmi , and photojournalist Ala Agerbi were taken to the Central Investigation Unit in El Aouina after Malek Ben Dkhil was lured there through a phone call concerning a fake package. They were questioned in connection with a demonstration held on 19 September 2026 in support of the detainees of the Global Sumud Flotilla, with questions focusing on the participants in the march.
According to their testimonies, they were taken to the unit and questioned without being immediately informed of the reasons for restricting their freedom, and without being allowed to contact their lawyers. According to journalist Chaker Jahmi, no official record of the questioning was drawn up. The officers also insisted that Chaker unlock and open his phone, which he refused to do.
Personal Information:
Names: Malek Ben Dkhil, Chaker Jahmi and Ala Agerbi
Occupation: Photojournalist, journalist, Photojournalist
Nationality: Tunisian
Region: Tunis
Nature of the violation: Taking into custody and restriction of liberty; arbitrary detention and violations of procedural safeguards; restrictions on the exercise of journalistic work, freedom of expression, and the right to privacy.
Violation Incidents:
The incident began on Monday, 21 September 2026, at around 12 PM, when photojournalist Malek Ben Dkhil received a phone call from an unknown number. The caller informed her that a prepaid package addressed to her was available, mentioned the name of the delivery company, and told her that the delivery worker was waiting at a location near the offices of Nawaat.
Malek informed the caller that she had not ordered anything online, but he insisted that she come to the location. She therefore went there accompanied by her colleagues, journalist Chaker Jhemi and photojournalist Alaa Agerbi Upon arrival, they found a person who identified himself as a delivery worker and was in a grey “Partner” vehicle.
While they were speaking with him, they were surprised by the emergence of several plainclothes officers from different locations surrounding the site, simultaneously with the arrival of another blue Skoda vehicle, which stopped near them.
The officers instructed the three journalists to get into the vehicle, informing them that they were officers from the Ministry of Interior, without providing any explanation as to the reasons for taking them into custody or where they were being taken.
Following an exchange with the officers and attempts by the journalists to inquire about their identities, the destination to which they were being taken, and whether the officers had authorization to do so, the three journalists were taken to the Central Investigation Unit in El Aouina. According to journalist Chaker Jahmi, who spoke to Intersection Association, the operation was accompanied by insults, profanities, and offensive remarks directed at the journalists.
Upon their arrival at the unit, they were questioned as part of an investigation concerning participants in the march held on Saturday, 19 September 2026, in support of detainees from the Global Sumud Flotilla. Journalist Malek Ben Dkhil was questioned about one of the individuals who participated in the march, reportedly due to her proximity to that person, while no similar questions were directed at photojournalist Alaa Agerbi.
The officers also insisted that journalist Chaker Jahmi open his phone, which he refused despite repeated attempts. He was also asked whether he had covered the march as a journalist. The questioning also included matters related to the work of Nawaat, in what appeared to be an attempt to induce the journalists to discuss the march and its participants.
At the end of the questioning, Chaker Jahmi stated that the head of the unit asked him not to publish any information about their being taken into custody or disclose the location to which they had been taken. He further stated that, based on what he observed, the operation and questioning took place without an official record being drawn up and without the journalists being allowed to contact lawyers.
Human Rights Violations:
The operation involving the luring of Malek Ben Dkhil, Chaker Jahmi, and Alaa Agerbi to the Central Investigation Unit in El Aouina, followed by their detention and questioning in connection with a march in support of detainees from the Global Sumud Flotilla, raises concerns regarding respect for the right to liberty and security of person and safeguards against arbitrary detention. The absence of an official record and the failure to allow the journalists to contact lawyers also raise questions regarding respect for the procedural safeguards afforded to persons deprived of their liberty, particularly their right to be informed of the reasons for the restriction of their liberty and to have access to legal counsel. Article 36 of the 2022 Tunisian Constitution guarantees every person deprived of liberty humane treatment and the preservation of their dignity. At the international level, Article 9 of the International Covenant on Civil and Political Rights (ICCPR) protects the right to liberty and security of person and prohibits arbitrary arrest or detention. It also guarantees that anyone who is arrested must be informed of the reasons for their arrest and of any charges against them, and provides for the possibility of challenging the lawfulness of their detention before a judicial authority.
The manner in which Malek Ben Dkhil was lured to the location, through a phone call concerning a package she had not ordered, followed by the surrounding of the journalists and their removal by plainclothes officers, also raises questions regarding compliance with the principle of legality and the legal procedures governing restrictions on liberty. This is particularly significant given that no immediate explanation was provided as to the reasons for taking them into custody or the destination to which they would be taken, despite their requests for information regarding the officers’ identities, their destination, and whether the officers had authorization to do so.
The questioning of the journalists regarding their participation in or coverage of a march in support of detainees from the Global Sumud Flotilla, including the questions directed at Malek Ben Dkhil concerning one of the participants based on her proximity to that individual, as well as the questions concerning the work of Nawaat, raise concerns regarding restrictions on freedom of the press, freedom of expression, and the exercise of journalistic work. Article 37 of the 2022 Tunisian Constitution protects freedom of opinion, expression, information, and publication, while Article 19 of the ICCPR guarantees the right to freedom of opinion and expression, including the right to seek, receive, and impart information and ideas of all kinds. These protections are particularly relevant when journalists are covering public gatherings or events, as the exercise of journalistic work or the gathering of information on matters of public interest should not, in itself, become grounds for restrictions or intimidation.
The officers’ insistence that journalist Chaker Jahmi unlock his phone, despite his refusal, also raises concerns regarding interference with the right to privacy and the confidentiality of correspondence and communications. Article 30 of the 2022 Tunisian Constitution protects private life, the inviolability of the home, the confidentiality of correspondence and communications, and personal data. These rights may only be restricted in accordance with legally prescribed conditions and safeguards. Article 17 of the International Covenant on Civil and Political Rights (ICCPR) likewise protects individuals against arbitrary or unlawful interference with their privacy and correspondence, meaning that any access to the contents of a phone or personal data must comply with requirements of legality, necessity, proportionality, and appropriate legal safeguards.