Summary:
Sonia Dahmani is a lawyer and media personality. She has been imprisoned since May due to a case filed against her related to one of her radio statements. In June, new charges were brought against her by the public prosecution, in two separate cases, due to television and radio interventions she made earlier this year. As a result, an arrest warrant was issued while keeping her in a state of release in the second case.
Personal Information:
Name: Sonia Dahmani
Occupation: Lawyer and Media figure
Nationality: Tunisian
Case: Sonia Dahmani is facing charges in several cases under Article 24 of Decree No.54 on combating crimes related to information and communication systems. This is based on statements she makes on radio and television programs. One case is related to a statement about the situation of sub-saharan migrants, the other is regarding a radio statement in which she spoke about racist practices in Tunisia, and another is a case related to the same content of the statement she made on a television program. Although there is a previous case related to her statements about the state of prisons in Tunisia.
Incidents of Violation:
Sonia Dahmani, a Tunisian lawyer and media figure, has been in prison since last May due to charges by virtue of Article 24 of Decree No. 54. She was later charged again with new charges per the same chapter of the aforementioned Decree. On June 11, 2024, the Public Prosecution addressed new charges against lawyer and media personality Sonia Dahmani, in two different cases, both under Article 24 of Decree No.54. These two issues relate to the same content of the statement made by Sonia Dahmani in two different media outlets; the first was during a radio show and the second on a television program. The statement tackled the sub-Saharan African migrants and the issue of racism, where she talked about certain racist practices that persist in Tunisia and gave examples of several cases, such as the fact that many Tunisian families change their names that contain racist terms. Due to these statements, two new cases were filed against Sonia Dahmani. As a result, an arrest warrant was issued against her, and she was kept on parole regarding the second case.
In the same context, Sonia Dahmani was imprisoned last May. In a similar case, after the public prosecution at the Court of First Instance in Tunis authorized to open an investigation against her per Article 24 of Decree No. 54 on Combating Cybercrimes.
This issue comes in light of her presence in a television program, which addressed the topic of irregular migration in Tunisia, where she expressed her opinion on this issue, and within the framework of the conversation at the time, she answered one of the attending guests with “Oh, what a great a country.” (Translator note: Ironic Tunisian expression to criticize the incapacitating situation of the country.) On May 11, police forces raided the Lawyers’ House in an execution of a summons issued for Ms.Sonia leading to her arrest. Consequently, an arrest warrant was issued against her without questioning. On May 20, 2024, she was presented before the first investigating judge of the Court of First Instance in Tunis and interrogated about the aforementioned media statement. constituting a gross violation of procedures.
It should be noted that Sonia Dahmani is facing other cases related to the meaning of Article 24 of Decree No.54, due to previous radio statements in which she had addressed the situation of Prisons in Tunisia and violations subjected by prisoners inside Tunisian prisons. The judiciary has not yet ruled in the case.
On July 05, 2024, the Court of First Instance in Tunis sentenced Sonia Dahmani to 1 year in prison
Human Rights Violations:
The imprisonment of Sonia Dahmani comes in the context of the continuous escalation of opinion trials in Tunisia, reflecting to what extent the state is keen on continuing to violate human rights. The statements of Sonia Dahmani on one of the topics for which Attorney Sonia was imprisoned do not require her to be tried and brought to justice as a defendant, rather they fall under the exercise of the right to freedom of expression, thus such malicious charges are repressive practices aimed at violating the freedom of opinion and expression.
Moreover, Article 24 of Decree No.54 constitutes an infringement of freedom of expression and prevents citizens from tackling issues of public concern, since people are monitored and prosecuted based on their opinions. It is a violation of Article 19 of the Universal Declaration of Human Rights, which states: ”Everyone has the right to freedom of opinion and expression; this right includes his freedom to hold opinions without interference, and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
It is worth noting that freedom of expression is a fundamental right entrenched in the Tunisian constitution in Article 37, which states that “Freedom of opinion, thought, expression, media and publication are guaranteed. Prior censorship of these freedoms is prohibited.” On the other hand, the arrest of the victim of the violation from within the premises of the Lawyer’s House is a violation of the laws, for it is one of the headquarters of the National Commission, protected by law, specifically the provisions of Article 46 of the bar decree. Additionally, having two separate cases related to the same statement is a violation of the right to a fair trial, and a continuation of the series of violations against everyone who freely expresses their opinion.