Ahead of an appeal hearing scheduled for 22 August 2024, ARTICLE 19 urges the primary court of Tunis to annul the judgement against journalist Walid Mejri, who was convicted in absentia for ‘insulting the President of the Republic’ and ‘using public communication networks to insult or disturb others’.
Mejri, who is the founder and director of AlQatiba, an investigative media outlet focused on public interest issues and an important independent voice in Tunisia, reported on 24 July 2024 via a Facebook post that he had been informed he had been handed down a one-year prison sentence in absentia. The decision was rendered by the Primary Court of Tunis in January 2023, which will also be deciding on the appeal. The in-absentia decision follows a complaint submitted in 2017 by the state’s litigation office on behalf of the Ministry of the Interior. Mejri was convicted under Article 67 of the penal code for ‘insulting the President of the Republic’ as well as under Article 86 of the Telecommunications Code for ‘using public communication networks to insult or disturb others’.
We express concern about this judgement in absentia, which was rendered in violation of Mejri’s procedural rights to be heard and properly defend himself in court.
In addition, we note that the legal bases for his conviction do not meet international freedom of expression standards, as ARTICLE 19 has previously emphasised. While we note that there is no public information about the specific conduct that is the object of the criminal proceedings, we have previously encouraged the judiciary to apply Decree-law No. 115 of 2011 when journalists are prosecuted for their professional activities. Decree-law No. 115 of 2011 is more protective of freedom of expression than Article 86 of the Telecommunication Code or Article 67 of the penal code.
We recall that freedom of expression and media freedom are guaranteed under articles 37 and 38 of the Tunisian constitution and under Tunisia’s international commitments, including the International Pact on Civil and Political Rights. Further, we remain concerned about the recent surge in criminal prosecutions of journalists in Tunisia for exercising their profession, including through application of the highly problematic Decree-Law 54 of 2022 on Combating Crimes Related to Information and Communication Systems.
ARTICLE 19 urges the primary court of Tunis to annul its decision against Walid Mejri. We further call on the Tunisian authorities to uphold their constitutional and international obligations to protect freedom of expression and media freedom.