ملخص:
Summary:
Nassim Ben Slama is a Tunisian citizen who was sent to prison and fined 500 dinars for sharing a caricature criticizing a king of one of the Arab countries.
Personal Information:
Name: Nassim Ben Slama
Occupation: Head of department in a public institution
Nationality: Tunisian
Case: Deliberately offending or disturbing them through public telecommunications networks by virtue of Article 86 of the Communications Code.
Incidents of Violation:
Nassim Ben Salma is a Tunisian citizen and an employee of a public institution. On April 17, 2024, he was imprisoned after being accused of Deliberately offending or disturbing them through public telecommunications networks. He was referred under Article 86 of the Communications Code. This was after the public prosecution independently proceeded with the case, while the embassy of the concerned country did not file any complaint regarding the matter.
This comes in the context where the victim of the violation shared on his personal Facebook account a satirical caricature criticizing a king of one of the Arab countries The victim’s lawyer expressed that during his visit to the prison, he noticed that the victim’s psychological condition has deteriorated because of being imprisoned due to exercising his right to freedom of opinion and expression. Nassim remained in pre-trial detention approximately for a week.
On April 24, 2024, the Criminal Division of the Court of First Instance in Tunis ruled to release Nassim Ben Salama and ordered him to pay a fine of 500 dinars. He was also presented before the Disciplinary Board at his workplace, due to the charges against him because of the publication he shared. This constitutes another violation, as what he did is not related to his job, rather it is part of his private life and has no connection with his professional life. Moreover, sharing cartoons is not considered a criminal act, it falls under his right to express his opinion freely.
Accordingly, the victim of the violation did not accept the sentence issued against him. Therefore, his defense filed a request to appeal the primary sentence, considering that the conviction, even with a fine is a violation of the right to freedom of expression protected by national laws and international charters.
Human Rights Violations:
Caricatures are one of the most important forms of expression of opinion.
Their drawing, sharing, or republishing are acts that fall under the exercise of the right to freedom of expression protected by domestic laws and international charters. The fact that the victim of the violation was arrested and sent to prison as a first step and then sentenced to a financial penalty represents a condemnation of his act. It is a serious violation of human rights, especially the right to freedom of opinion and expression, enshrined in Article 19 of the Universal Declaration of Human Rights, which stipulates “Everyone has the right to freedom of opinion and expression; this right includes his freedom to hold opinions without interference, to seek, receive, and impart information and ideas through any media regardless of frontiers”. The International Covenant on Civil and Political Rights also upholds this right. Additionally, Tunisia is a party to these conventions and is obliged to respect them. The right to freedom of expression is a fundamental right enshrined in the Tunisian Constitution. It is included in Article 37, which states that “Freedom of opinion, thought, expression, media and publication are guaranteed. Prior censorship of these freedoms is prohibited.”