Human Rights Watch (HRW) released [8] a statement Oct. 8 condemning the Tunisian justice system for sentencing a man to death for Facebook posts dissenting from government actions. Saber Ben Chouchane was sentenced for posting pictures of himself at recent protests, and statements calling for citizens to take to the streets to demand the release of political prisoners on the upcoming anniversary of the Tunisian revolution of January 2011. HRW called for the Tunisian government to "stop detaining and prosecuting people solely for exercising their right of expression."
On Oct. 1, the Nabeul Court of First Instance sentenced Chouchane to death under Article 72 of Tunisia's penal code, which imposes the death penalty for "attempting to change the form of government." A week later, he was granted a presidential pardon. Nonetheless, HRW called the sentence "a chilling message to all Tunisians that no criticism will be tolerated from anyone, no matter what form it takes." The group also reported that Chouchane was held in detention for longer than the 14-month maximum permitted by Tunisian law and was denied medical care for a prior injury.
HRW noted that Tunisia is a signatory to the International Covenant on Civil & Political Rights and the African Charter on Human & Peoples' Rights, "which guarantee the right to freedom of expression and assembly, to a fair trial, and to not be subject to arbitrary arrest or detention."
Authorities arrested Chouchane on his way to a medical appointment on Jan. 22, 2024. He was convicted under penal code articles 72 and 67, which criminalize "attempting to change the form of the government" and "insulting the president," respectively. He was also convicted under Article 24 of the new Decree-Law 54 on Cybercrime, for "spreading fake news."
Since President Kais Saied instated emergency powers in 2021, human rights organizations have raised alarms [11] over a deteriorating situation for judicial independence and press freedoms in Tunisia.
From JURIST [12], Oct. 9. Used with permission.
