Summary<\/b><\/p>\n
Oussama Farhat, a Tunisian national and primary school teacher, was subjected to criminal prosecution after posting a critical comment on the official page of his academic institution. His comment addressed the institution\u2019s policies concerning the provision of psychological support services for students.<\/span><\/p>\n This peaceful expression resulted in prolonged criminal proceedings under Article 86 of the Telecommunications Code, repeated security and administrative summonses, and significant professional and psychological harm. The case constitutes a clear interference with his right to freedom of opinion and expression.<\/span><\/p>\n Personal Information:<\/b><\/p>\n Name: Oussama Farhat<\/span><\/p>\n Nationality: Tunisian<\/span><\/p>\n Governorate: Mahdia\u00a0<\/span><\/p>\n Charge: Offending others through public telecommunications networks under Article 86 of the Telecommunications Code<\/span><\/p>\n Chronology of Violations:<\/b><\/p>\n Oussama Farhat posted a comment on the official page of the institute where he studies, criticizing its policy regarding the availability of psychological specialists for students. The comment was made in the context of a public discussion and expressed in a peaceful manner.<\/span><\/p>\n On 6 December 2023, he was summoned to the National Guard district in Mahdia, where he was questioned and released. On 19 December 2023, he appeared before the Public Prosecutor in Mahdia, was questioned again, and released pending trial, with a hearing scheduled for 27 December 2023.<\/span><\/p>\n The case was repeatedly postponed to 10 April 2024, 24 September 2024, 8 January 2025, and 28 January 2026, before being set for judgment on 12 February 2026. These successive postponements subjected him to a prolonged judicial process that created professional and academic instability. At the time, he was working as a primary school teacher while pursuing a Master\u2019s degree at the Faculty of Letters and Humanities in Manouba.<\/span><\/p>\n Although the case remained pending, on 14 October 2024 he received a request for questioning from the Regional Commissioner for Education in Ben Arous, following a complaint filed by the institute\u2019s director with the Ministry of Education. He was subsequently issued a disciplinary warning. This parallel administrative action, taken while criminal proceedings were ongoing, undermined fair trial guarantees and imposed additional pressure on him.<\/span><\/p>\n On 12 February 2026, the court issued a first instance judgment imposing a fine of 1,000 Tunisian dinars and ordering him to bear the costs of the public prosecution. The court also upheld the civil claim and ordered him to pay 500 dinars to each civil claimant as compensation for moral damages, in addition to 500 dinars jointly for litigation expenses and legal fees. The remaining civil claims were dismissed.<\/span><\/p>\n The total financial penalties imposed amount to 3,500 Tunisian dinars.<\/span><\/p>\n Human Rights Violations<\/b><\/p>\n The prosecution of Oussama Farhat represents a serious interference with his right to freedom of opinion and expression.<\/span><\/p>\n Article 19 of the Universal Declaration of Human Rights guarantees the right to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers. Article 19 of the International Covenant on Civil and Political Rights, binding on Tunisia, provides similar protections and permits restrictions only when strictly necessary and proportionate.<\/span><\/p>\n At the regional level, Article 9 of the African Charter on Human and Peoples\u2019 Rights guarantees the right to express and disseminate opinions. These protections are reinforced domestically by Article 37 of the 2022 Tunisian Constitution, which guarantees freedom of opinion, thought, expression, media, and publication and prohibits prior censorship. Article 38 further guarantees the right to information and access to information.<\/span><\/p>\n The application of Article 86 of the Telecommunications Code to sanction a peaceful critical comment in an academic context raises serious concerns regarding necessity and proportionality. Criminal sanctions for non violent expression, particularly within an academic debate, create a chilling effect on freedom of expression and academic freedom.<\/span><\/p>\n Moreover, the imposition of parallel administrative sanctions while judicial proceedings were ongoing reflects a punitive approach that amplifies pressure on the individual and undermines procedural fairness.<\/span><\/p>\n Taken together, these measures demonstrate a disproportionate response to peaceful expression and are inconsistent with Tunisia\u2019s constitutional and international human rights obligations.<\/span><\/p>\n"},"free-categories":[50],"countries":[37],"state":[45],"class_list":["post-6056","freedom-faces","type-freedom-faces","status-publish","has-post-thumbnail","hentry","free-categories-50","countries-37","state-45"],"yoast_head":"\n