17 Feb 2012 | Middle East and North Africa
On 16 February a court postponed the trial of Samir Feriani to 1 March. Ferani is charged with “distributing false information”, and “accusing a public employee of violating law without proof”.
Feriani, a former senior official at the Interior Ministry, became known to the public in May 2011 when he published in two local newspapers, L’Audace, and L’expert, a letter in which he accused high ranking officials at the Ministry of being responsible for the killing of protesters during the 2011 uprising. Before publishing the letter, Feriani addressed it to the Interior Minister at that time Habib Essid, who seems to have ignored it.
In his letter Feriani also claimed that classified documents showing collaboration between ousted Tunisian President Ben Ali and the Israeli secret service Mossad were intentionally destroyed by officials in the ministry.
After the allegations were made, Feriani was arrested and taken into military detention on 19 May 2011. He described his arrest as a “murder attempt”. “A car sought to crash over me”, he said.
On 22 September, a military court in Tunis provisionally set him free, acquitted him of the charge of “harming the external security of the state”, and deferred his case to a civil court.
“I do trust the judiciary…just like the military justice proved my innocence, the civil justice will do the same”, Feriani toldIndex a few days before the 16 February hearing.
He also denied that he is on a hunger strike, saying: “I would like to assure the public opinion, that I feel high in my spirits.”
Feriani is still plagued by the allegations made against him. On 1 February he was sacked from his job at the Interior Ministry. “The decision to sack me was abusive…there is a smear campaign organised against me by the old secret police”.
Feriani is often described as Tunisia’s first prisoner of conscience in the post Ben Ali era.
15 Feb 2012 | Middle East and North Africa
On Sunday, 13 February, the Tunis court of first instance ordered Cheker Besbes, a journalist for the private radio station Mosaique FM, to pay a fine of 200 dinars (around GBP £82), for allegedly videotaping a hearing in trial of Nessma TV employees. The TV station’s general director and two staff are accused of ““violating sacred values” by showing French-Irianian film Persepolis, which includes images of Allah.
Besbes admits he had a camera with him in the courtroom, but denies videotaping the hearing. “Besides,” he said in an interview with the blog collective Nawaat.org, “there is no law that prohibits entering the courtroom with a camera. Using it is indeed illegal, but in my case it did not happen.”
Besbes insists that the court punished him without even checking his camera’s footage. “They have condemned me for filming inside the courtroom, without taking the legal procedures to find out if I did so or not”, he said.
Justice Minister Nourreddine Bhiri’s decision to ban filming of the trial came as a surprise to journalists, who had been allowed to film previous trials, among them the trial in absentia of former President Zeine El Abidin Ben Ali and the first session in the hearing of the Nessma TV case.
Nabil Karoui, general director of Nessma TV, a privately-owned television station, and two of his employees are accused of “violating sacred values” and “disturbing the public order” for broadcasting the French-Iranian film Persepolis.
Besbes and his lawyers referred the case to the Court of Cassation, Tunisia’s highest court.
“The problem is not whether the fine of 200 dinars represents a considerable proportion of my salary,” said Besbes. “We are against the sentence and I have decided along with my lawyers to take the case to the cassation court. We were expecting a non-suit, because I’m innocent,” he told Nawaat.
9 Feb 2012 | Middle East and North Africa, Uncategorized
On 10 February, Abdel Aziz Al-Jaridi, director of two daily newspapers, Al-Hadath and Kul-Anas, will appeal a defamation conviction. Al-Jaridi was sentenced to four months in prison by the first instance court on 13 June 2011 for defaming Al-Jazeera news anchor Mohamed Krichen.
Krichen lodged a complaint against Al-Jaridi in April of last year. On 6 February, the Committee to Protect Journalists (CPJ), called on Tunisian authorities to drop the jail term given to Al-Jaridi.
“Tunisian appeals court should throw out the prison sentence against journalist Abdel Aziz al-Jaridi at a 10 February hearing and authorities should use his case as an opportunity to break from the repressive practices of Zine El Abidine Ben Ali’s era,” said the CPJ.
Journalists in Tunisia can face up to six months in prison for defamation.
Al-Jaridi, considered to be a supporter to the former regime, is known for his articles defaming opposition figures and dissident voices during the rule of Zeine El Abidin Ben Ali.
8 Feb 2012 | Middle East and North Africa
The fall of the regime of Zine el Abidine Ben Ali has allowed internet users in Tunisia to enjoy a period of unfettered web access after the Tunisian Internet Agency (ATI) turned off its censorship machines. Now the internet censorship debate has surfaced again.
In May last year a Tunisian court ordered the ATI to block X-rated websites following a complaint lodged by a group of lawyers who argue that pornography violates Islamic values and presents a threat to children surfing the web. This case initiated a debate about “red lines” and internet freedom.
After losing an appeal on 15 August 2011, the ATI took the case higher to the Court of Cassation, claiming that “the filtering of pornographic websites listed by Smart Filter could not be carried out for the five internet service providers.” A verdict is due in the next few days. If the court orders the agency to reinstate filtering, the agency will find itself forced to perform a censorship role it no longer wants to play.
Over the past year, the ATI has attempted to redefine its function. Moez Chakchou, the ATI’s CEO, describes its role post revolution as “guaranteeing net neutrality, and when we say net neutrality we should not care about the content”.
The ATI chief told Index: “From a judicial point of view, I am obliged to filter, and I do respect these verdicts even though they contradict my personal beliefs.”
Earlier this year, Tunisia’s Interim President Moncef Marzouki, raised the issue of “red lines” in an interview. ‘’There should be red lines limiting freedom of speech…these red lines should not be used as pretexts for censorship…the lines should be debated and accepted by all’’ he said.
Free speech activists believe that filtering pornography or creating “red lines” could pave the way for a comeback of censorship.
“We are fighting against a ghost of the past… It would be regrettable to resort to operations of anonymous (OpTunisia) or to use proxies again just like under the Ben Ali regime”, said Dhouha Ben Youssef, a blogger.
“I believe that the first important step to take in order to prevent the comeback of censorship is adding the word “internet” in the new constitution…because I don’t consider internet as means of communication only, but as means of expression”, she added.
Tunisia does not currently have legislation covering internet censorship, the ATi Chief warns that:
“If the state wants to draw red lines for net freedom, it should first establish an independent authority to regulate the internet. Internet legislation should not be drafted without a regulation authority that creates balance, between public and individual interests”
