Human Rights Watch (HRW) released a statement on Wednesday condemning the Tunisian justice system for sentencing a man to death for Facebook posts dissenting from recent government actions.
HRW’s statement addressed the sentencing of a Tunisian citizen, Saber Ben Chouchane, for Facebook posts of pictures of himself at recent protests, and statements calling for fellow citizens to take to the streets to demand the release of political prisoners on the anniversary of the 2011 Tunisian revolution.
The organization called for the Tunisian government to “stop detaining and prosecuting people solely for exercising their right of expression.”
On October 1, the Nabeul Court of First Instance sentenced Chouchane to death under penal code Article 72, 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 “member of the International Covenant on Civil and Political Rights and the African Charter on Human and 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 January 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.” 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 over a deteriorating situation for judicial independence and press freedoms in Tunisia.
