Summary<\/b><\/p>\n
Tarek Khoufi, a civil society activist from Oued Ellil in the governorate of Manouba, was detained in 2024 in connection with a video he published criticizing the 2023 local council elections, following an incident in which his campaign banner was torn during the electoral campaign.<\/span><\/p>\n After his release from detention, he was subjected to further prosecution in two additional cases related to posts he had published on social media.<\/span><\/p>\n Personal Information<\/b><\/p>\n Name: Tarek Khoufi<\/span><\/p>\n Nationality: Tunisian<\/span><\/p>\n Governorate: Manouba<\/span><\/p>\n Charge: Offending others through public communication networks under Article 86 of the Telecommunications Code<\/span><\/p>\n \u00a0<\/span>Facts of the Violation<\/b><\/p>\n Tarek Khoufi was the subject of a complaint filed by the husband of a member of the Council of Regions and Districts, following the publication of a video of a critical nature. The video was posted after his electoral campaign banner was torn during the 2023 campaign. The complainant alleged that the content of the video was directed at him and accused Tarek Khoufi of defamation and insult.<\/span><\/p>\n Tarek Khoufi was prosecuted under Article 86 of the Telecommunications Code, which provides that: \u201cAnyone who intentionally offends others or disturbs their peace through public telecommunications networks shall be punished by imprisonment for a term ranging from one to two years and a fine of between 100 and 1,000 dinars.\u201d<\/span><\/p>\n During the hearing, he was expelled from the courtroom after attempting to defend himself, as he did not have legal representation. A judgment in absentia was subsequently issued against him, sentencing him to six months\u2019 imprisonment. He served five months of this sentence, having been detained from 27 October 2024 to 26 February 2025.<\/span><\/p>\n Following his release, it emerged that two additional cases had been initiated against him:<\/span><\/p>\n The first case concerns a complaint filed by a member of the local council in Oued Ellil on charges of defamation, based on social media posts published by the victim. The posts did not mention any names or directly accuse any individual; however, the complainant alleged that he was the intended subject. He also accused Tarek Khoufi of hostility toward the State due to his trade union activities, as recorded in the confrontation report.<\/span><\/p>\n The second case was filed by a member of the Council of Regions and Districts, based on a video in which the victim referred to practices he considered unlawful during the electoral campaign. In the video, he stated that one of the candidates had been subject to final judicial rulings imposing a six-month prison sentence and a financial penalty for the offense of selling property belonging to others, without mentioning any names, noting that he possesses supporting evidence.<\/span><\/p>\n Tarek Khoufi was summoned on 8 January 2026 by the fast-track unit and informed that the hearings in both cases were scheduled for 12 March 2026.<\/span><\/p>\n Human Rights Violations<\/b><\/p>\n The treatment to which Tarek Khoufi was subjected constitutes a serious interference with his right to freedom of opinion and expression, a fundamental right guaranteed under international, regional, and national legal frameworks.<\/span><\/p>\n Article 19 of the Universal Declaration of Human Rights provides that everyone has the right to freedom of opinion and expression, including the freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers. This right is further enshrined in binding form under Article 19 of the International Covenant on Civil and Political Rights, which guarantees to every individual the freedom to hold opinions without interference and the freedom of expression, including the freedom to seek, receive, and impart information and ideas of all kinds, whether in writing, print, art, or through any other means of their choice.<\/span><\/p>\n At the regional level, Article 9 of the African Charter on Human and Peoples\u2019 Rights affirms the right of every individual to express and disseminate their opinions. This places a positive obligation on the State to protect this right and to refrain from imposing arbitrary or disproportionate restrictions.<\/span><\/p>\n The prosecution and measures adopted in this case are also inconsistent with the provisions of the 2022 Tunisian Constitution, in particular Article 37, which guarantees freedom of opinion, thought, expression, information, and publication, and prohibits prior censorship, as well as Article 38, which guarantees the right to information and access to information.<\/span><\/p>\n Accordingly, the measures taken in this case cannot be considered neutral administrative or legal actions, but rather constitute a substantive interference with a constitutionally protected right. They reflect a disproportionate use of authority that results in restricting freedom of expression beyond the limits of necessity and proportionality required by law.<\/span><\/p>\n Furthermore, the expulsion of the victim from the courtroom while attempting to defend himself, followed by the issuance of a six month prison sentence, constitutes a serious violation of the right to a fair trial and the right to defense, both of which are fundamental guarantees in any judicial system that respects human rights.<\/span><\/p>\n These guarantees require that every accused person be afforded the right to defend themselves, the right to be present during hearings, and the right to present arguments before the court without obstruction or intimidation. The sudden expulsion from the courtroom limited the accused\u2019s ability to present his defense and undermined the principle of equality before the law, raising concerns that judicial authority may have been used as a means of pressure and restriction of freedom of opinion and expression.<\/span><\/p>\n Moreover, the issuance of a judgment under such circumstances raises serious concerns regarding guarantees of fairness and transparency and undermines the right to a public and impartial hearing, in contradiction with international and regional human rights standards, as well as the Tunisian Constitution.<\/span><\/p>\n Article 10 of the Universal Declaration of Human Rights affirms that everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal in the determination of their rights and obligations and of any criminal charge against them. Article 14 of the International Covenant on Civil and Political Rights further guarantees the right of every accused person to defend themselves in person or through legal assistance of their choosing.<\/span><\/p>\n Article 33 of the 2022 Tunisian Constitution establishes the fundamental principle that an accused person is presumed innocent until proven guilty in a fair trial in which all guarantees of defense are ensured throughout the stages of prosecution and trial.<\/span><\/p>\n Accordingly, the treatment to which Tarek Khoufi was subjected raises serious concerns regarding respect for fair trial guarantees and reflects a failure to uphold fundamental rights protections guaranteed under national and international law.<\/span><\/p>\n"},"free-categories":[50],"countries":[37],"state":[45],"class_list":["post-6173","freedom-faces","type-freedom-faces","status-publish","has-post-thumbnail","hentry","free-categories-50","countries-37","state-45"],"yoast_head":"\n