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Complaint to the UN Human Rights Committee: Tunisia Must Answer for Attacks on Judicial Independence
Geneva, 12 February 2024. Today, with the support of the International Commission of Jurists (ICJ) and Human Rights in Practice, Judge Youssef Bouzakher, President of the dissolved High Judicial Council (HJC) and one of the 57 judges and prosecutors...
Tunisia: Zied Elheni’s guilty verdict another chilling attack on media and free speech
The ICJ firmly condemns the criminal conviction and sentencing of journalist and columnist Zied Elheni to a six-month suspended sentence of imprisonment on 10 January 2024 on spurious charges — an act of clear retaliation for Zied Elheni’s legitimate exercise of his right to freedom of expression, including to criticize government members.
“This guilty verdict is part and parcel of an escalation in attacks on journalists and another concrete illustration of the Tunisian authorities’ authoritarian drift and of their drive to restrict the legitimate exercise of the right to freedom of expression and to silence independent voices in the country,” said Said Benarbia, ICJ Middle East and North Africa programme director. “These attacks violate media freedom and the right of the public to freely access information and have a chilling effect on free speech,” he added.
On 28 December 2023, Zied Elheni was summoned to appear before the Fifth Central Cybercrime Brigade of the Aouina National Guard, a few hours after he had made a statement critical of the Minister of Commerce on Radio IFM. On the same day, the public prosecutor at the Tunis First Instance Tribunal decided to remand Elheni in custody on suspicion of offences under article 24 of Decree-Law 54; his detention was extended by 48 hours on 30 December.
On 1 January, the public prosecutor at the Tunis First Instance Tribunal charged Elheni with “harming or disturbing third parties through public telecommunications networks,” under article 86 of the Telecommunications Code, and remanded him in custody pending trial. On 10 January, Elheni was tried before the Criminal Chamber of the Tunis First Instance Tribunal and convicted of the charges.
In June 2023, Elheni was arrested and questioned by the Fifth Central Cybercrime Brigade of the Aouina National Guard in a distinct case, following a statement he had made on the radio in which he had criticized the authorities’ arbitrary reliance on the crime of offending the President of the Republic under article 67 of the Criminal Code. He was later released and there have been no further developments in this case.
The ICJ calls on the Tunisian authorities to quash Elheni’s conviction and sentence under article 86 of the Telecommunications Code and to drop all charges against all journalists currently being prosecuted solely for the legitimate exercise of their journalistic duties and the peaceful exercise of their right to freedom of expression, and to immediately cease all practices that impede the independent work of journalists.
Background
There has been a growing pattern of prosecutions against journalists since July 2021 in Tunisia. Monia Arfaoui and Mohamed Boughalleb were prosecuted in March and April 2023 based on Decree-Law 54, in relation to their work as investigative journalists. Noureddine Boutar, journalist and director of Mosaique FM, was also arrested and placed in pre-trial detention in February 2023 in relation to criminal proceedings based on “State security-related” charges aimed to crack down on government critics, before being released on bail in May 2023. The charges against him, however, are still pending.
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3800; e: said.benarbia(a)icj.org
Tunisia: ICJ makes a “follow-up” submission to the UN Human Rights Committee
On 18 December 2023, the International Commission of Jurists (ICJ) filed a submission to the Human Rights Committee (the Committee) on Tunisia’s implementation of the Committee’s 2020 concluding observations regarding the Constitutional Court and the use of counter-terrorism provisions in the context of the Committee’s follow-up procedure.
“Since July 2021, President Kais Said has systematically eroded all checks on his authority, including by curtailing the powers of the Constitutional Court under the 2022 Constitution and by instigating arbitrary prosecutions against those suspected of opposing his rule , including judges, journalists, human rights defenders, and political opponents,” said Said Benarbia, ICJ MENA director. “The Tunisian authorities must abide by their obligations under international law, immediately reinstate a democratic constitutional order, and end the use of the criminal process and counter-terrorism measures to crackdown on dissent and free speech.”
In April 2022, pursuant to the Committees’ request to the State party to provide follow-up information on the implementation of its recommendations regarding the Constitutional Court, the state of emergency and counter-terrorism, and freedom of peaceful assembly and excessive use of force by the State’s agents, Tunisia submitted further information regarding its obligations under the International Covenant on Civil and Political Rights (ICCPR) as they pertain to the above-mentioned concerns. During the Committee’s 140th session between 4 and 28 March 2024, this information, and Tunisia’s implementation of the Committee’s recommendations on the same, will be reviewed.
The ICJ’s submission to the Committee highlights a number of ongoing human rights concerns with respect to the country’s implementation of and compliance with the provisions of ICCPR, which are not adequately addressed in the State’s submission of further information, including:
- Article 2(3). By failing to establish a Constitutional Court, and by severely limiting the independence and powers of the Constitutional Court under the new Constitution – should one ever be established – Tunisia has failed to provide recourse to resolve disputes about the constitutionality of the exceptional decrees promulgated by the President under the state of exception, including by removing the power of the legislature to challenge the constitutionality of such decrees in the new Constitution;
. - Article 4(1) and (3). By failing to specify the nature of the public emergency that purportedly necessitated the suspension of the Constitution in July 2021 per article 80 of the 2014 Constitution on state of exception, and the corollary interference with ICCPR rights, and by failing to notify the derogation to these rights, Tunisia has failed to meet its obligations to prove and ensure that the exceptional measures adopted by the President were “strictly required by the exigencies of the situation”;
. - Article 9(1). By arbitrarily detaining perceived political opponents, lawyers or judges under counter-terrorism provisions without reliable evidence, Tunisia is unlawfully interfering with their right to liberty;
. - Article 19 (1) and (3). By arbitrarily investigating and prosecuting members of the judiciary, political opponents and lawyers under counter-terrorism provisions, Tunisia is unlawfully interfering with their right to express their opinions both in their professional and personal capacity; and
. - Article 14(1). Through interference in the appointment, career, disciplining and dismissal of judges, prosecutors and High Judicial Council members, the President has undermined the independence and impartiality of tribunals presiding over criminal investigations and prosecutions, including with respect to counter-terrorism proceedings against perceived political opponents and members of the judiciary.
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3800; e: said.benarbia(a)icj.org
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