Summary:

Faicel Laabidi is a Tunisian citizen from Siliana Governorate and an employee at the Ministry of Agriculture. He was sentenced to two years in prison with immediate effect by virtue of Article 24 of Decree No.54 due to writing a comment on Facebook in which he discussed the president’s remarks regarding the contribution of the national community for the development of the armed forces.

Personal Information:

Name: Faicel Laabidi

Nationality: Tunisian

Occupation: Trainer at the Vocational Training Center at the Ministry of Agriculture

Case:  The use of information systems to publish and disseminate news and data that contain personal information, attributing false matters with the intent to defame, harm, and promote hate speech according to Article 24 of Decree No.54.

Incidents of Violation:

On Tuesday, June 25, 2024, officers from National Guard’s Research and Investigation Unit went to the residence of Faicel Laabidi’s residence in the Gaafour area of Siliana Governorate to deliver an official summons for him to appear for questioning, When they did not find him at home at that time, they handed the summons to his brother, who in turn informed Faicel about the matter. Faisal contacted the concerned unit to inform them that he would not be able to attend on the scheduled date, Wednesday, June 26, 2024, and requested a postponement for Thursday, June 27. According to his sister, they did comply with his request.

However, on June 26, 2024, Faisal was arrested after being monitored and awaited after he entered his residence by the said unit. They raided his house without presenting any warrant permitting the arrest and took him to the headquarters of the National Guard Research and Investigation Unit in Gaafour for interrogation. It had been revealed that his arrest was due to a complaint filed by the public prosecution because of a comment he had written on Facebook stating “Those who support Kais Said, prepare yourselves to donate money so as to fund the budget.” This comment comes within the context of interacting with what the president of the Republic said in his speech on the 68th anniversary of the National Army, where he said ”The national community should contribute to providing the necessary funds to develop the capacities of the armed forces.”

On July 4, 2024, the court of First Instance in Siliana issued an initial sentence ordering the imprisonment of Faicel Laabidi for two years with immediate effect into force per Article 24 of Decree No.54 of 2022 concerned with combating crimes related to information and communication systems.

Human Rights Violations:

The case of citizen Faicel Laabidi is only an episode that is part of a series of human rights violations in Tunisia and a continuation of several unfair sentences under Decree No.54. The 2-year sentence in prison for expressing an opinion is another violation committed by the Tunisian state and an infringement of human rights, especially the right to freedom of opinion and expression. It is a right entrenched in international charters that protect human rights, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which states in Article 19 “Everyone shall have the right to hold opinions without interference… Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in the form of art, or through any other media of his choice.”In addition, the African Charter on Human and Peoples ‘Rights also stresses in its 9th Article that “Every individual shall have the right to express and disseminate his opinions within the law.” 

Furthermore, at the national level, the right to freedom of opinion and expression is constitutionally enshrined in the Constitution of 2022 in Article 37, which states that “Freedom of opinion, thought, expression, information, and publication is guaranteed. Prior censorship of these freedoms is not permitted.”

However, the ruling of the court of First Instance in Siliana, which sentenced the victim of the violation to two years in prison with immediate effect, contradicts the principle of proportionality of punishment to the act committed, enshrined in Article 55 of the Tunisian constitution of 2022, which states that “Restrictions on the rights and freedoms guaranteed by this Constitution shall be placed only by virtue of a law and a necessity required by national defense, public security, public health, protection of the rights of others, or public morals. Such restrictions shall not affect the essence of the rights and freedoms guaranteed by this Constitution and must be justified by their objectives and appropriate to their reasons. No amendment shall undermine the gains of human rights and freedoms guaranteed in this Constitution. All judicial bodies shall protect these rights and freedoms from any violation. “

It is worth noting that the comment was just an interaction that is an ordinary opinion and a response to the president’s position, which shows the contradiction of his arrest and imprisonment with the internationally stipulated restrictions in Article 20 of the same covenant, which states that ”Any propaganda for war shall be prohibited by law…any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law”. The act he committed and the content of the comment fall within the exercise of his right to freedom of expression stipulated in the aforementioned charters. His imprisonment represents a continuation of the violation of rights and freedoms in Tunisia and deters citizens from engaging and interacting with issues of public affairs.

Sources:

Intersection for Rights and Freedoms Association documented the case of violation after communicating with the victim’s sister on July 8, 2024