Tunisian Journalist Zied El Hani Faces Imprisonment for Criticizing Government Official
On January 1, 2023, Tunisian journalist Zied El Hani was imprisoned and charged with defamation via public communication networks, according to Article 86 of the Communication Code. This is due to his criticism of the Minister of Trade in a radio program dated Thursday, December 28, 2023. He was summoned due to radio statements he made on the same day on “Radio IFM,” where he criticized the current Minister of Trade, Kalthoum Ben Rejeb, and called for her dismissal or resignation from the current government. Throughout Thursday evening, he was questioned about the content of the remarks he had used to address the minister. Subsequently, the prosecution decided to keep him in custody for 48 hours. On January 1, 2024, the investigating judge of the Court of First Instance issued a detention order against Zied El Hani, scheduling his appearance before the judiciary on 10th January. He was later sentenced to six months in prison with a suspended sentence.
On Wednesday, January 3, 2024, Journalist Samir Sassi, a Journalist with the Al Jazeera office in Tunisia, was arrested. Upon communicating with Al Jazeera’s bureau chief, Lotfi Hajji, he stated that the arrest occurred after his home was raided by security forces, who searched it and seized his computer, phone, as well as his wife’s and children’s phones, without disclosing the reasons for the arrest to him or his family. In addition, Journalist Lotfi Hajji confirmed that the tasked unit had been instructed by the authorities to prevent the presence of a lawyer for 48 hours, as there is likely a terrorism suspicion in the file. In this regard, Samir Sassi insisted on his right to remain silent until his lawyer is present during the investigation, to be later released on January 5, 2024.
Investigation Against the journalist "Haythem El Makki"
On January 15, 2024, an investigation was opened against Haythem Makki following a complaint filed by Habib Bourguiba University Hospital accusing him of posting pictures of sub-Saharan African migrants without permission, with the aim of inciting public opinion. During the interrogation, Haythem Makki insisted that he had not posted the photos mentioned in the complaint. He emphasized that the page where the images were posted on “Twitter” does not belong to him. After the investigation, it was decided to release him.
Attorney Sonia Dahmani Faces Legal Action: Minster of justice Files complaint over prison statements
In light of her statements regarding the situation of prisons and political prisoners, attorney Sonia Dahmani appeared before the judiciary following a complaint filed against her by the Minister of Justice under the provisions of Decree No.54.
On January 16, 2024, The Regional Branch of Lawyers informed attorney and radio host at Radio IFM, Sonia Dhamani, that a complaint had been filed against her by the current Minister of Justice, Mrs.Leila Jaffel, under Article 24 of Decree No.54. This article penalizes with imprisonment for a term of five years and a fine of fifty thousand dinars, anyone who deliberately uses information and communication networks and systems to produce, disseminate, publish, transmit or prepare false news, data, rumors, forged, fabricated, or falsely attributed documents. This has occurred on the grounds of her radio program statements regarding the situation of prisons in Tunisia.
Defending of Justice: Challenges Facing
On January 5, 2024, an investigation was opened against attorney “El Bechir El Mannoubi El Ferchichi.” This has taken place in the context of accusing him of possessing a weapon without a license, facilitating the escape of a prisoner by providing him with weapons, and violating orders and decisions issued by those responsible for overseeing such matters. This is according to Articles 32, 148, and 315 of the Penal Code, as well as Law No.33 dated June 12, 1969, concerning regulations of arms supply and trafficking. This is due to holding onto his car, office, home, and wallet keys while performing his duties. This came after attorney El Bechir El Mannoubi went to visit some of his clients, among them lawyers who were imprisoned due to political issues. Several Tunisian lawyers perceive what is happening to attorney El Bechir El Mannoubi as targeting Tunisian lawyering and violating the right to defense.
The Abuse of Political Detainees Campaign Continues:
On January 11th, the Court of Appeals of Tunis spokesperson, Habib Tarkhani, stated that the Specialized Chambers for Terrorism in the court had decided to extend the detention period for all suspects in the “Conspiracy against State Security” case. The decision came after an appeal was filed by the defense team for political detainees following the second extension order issued on December 22nd. Moreover, Elyes Chaouachi, the son of the political detainee Ghazi Chaouachi, confirmed that the decision to extend detention and the continuous rejection of all release requests is solely due to their opposition to the regime and because they described what happened after July 25th as a coup.
Legal Battle Unfolds for Abir Moussi
Three Cases Brought Forward with Political Undertones
On January 16th, the public prosecutor at the Court of First Instance of Tunis brought three cases against the President of the Free Constitutional Part, Abir Moussi, who was arrested on October 3, 2023, on charges of “committing the intentional crime of attempting to change the form of state or inciting residents to attack each other.”
Attorney Nefaa El-Aribi, a member of the defense team for the political detainee Abir Moussi, confirmed that the cases against his client date back to 2022. He also emphasized that bringing up these cases at this time carries political backgrounds due to the stances adopted by Abir Moussi and her opposition to the July 25 regime.
Political Activist Jawher Ben Mbarek:Targeted Higher Electoral Commission Prosecution Campaign Sparks Concerns
On January 17, 2024, the defense team for the detained politicians in the so-called “Conspiracy Against the State Security” case reported that the Higher Electoral Commission had carried out a campaign to prosecute political activists. This campaign targeted the politician Jawher Ben Mbarek due to his television statements, stating that the elections held in 2022 were a ridiculous coup station. The public prosecutor referred the case to the Criminal Chambers of the Court of First Instance of Tunis per the provisions of Decree No.54.
Politician Lotfi Mraihi Receives verdict Sentence: Criticism of President Saied Leads to Legal Consequences
On January 29, 2024, the Criminal Chambers issued a verdict sentencing politician and former presidential candidate Lotfi Mraihi to six months in prison with a suspended sentence. This comes after his appearance on a program where he criticized President Kais Saied’s performance and how he manages state affairs.
On January 31, the appellate verdict was issued against the young man Rached Tamboura, affirming the initial ruling issued on 4th December 2023 by the Court of First Instance of Monastir, sentencing him to two years in prison on charges of committing a heinous act against the President of the Republic. This was based on creating a mural criticizing President Kais Saied’s discourse towards migrants from sub-Saharan countries. It is worth mentioning that Rached has been in prison since last July.
