On 28 May Monatir Appeal Court is expected to issue a verdict in the case of two atheist friends Jabeur Mejri and Ghazi Beji. In March a primary court sentenced the two to a seven-and-a-half year jail term over the publishing of prophet Mohammedd cartoons.
Defense lawyers chose only to appeal on behalf of Jabeur Mejri, since Ghazi Beji has fled the country. “We would lose appeal if we defend him [Ghazi Beji] in absentia”, said Bochra Bel Haj Hmida, a defense lawyer, and a human rights activist.
To convict the two friends, Mahdia Primary Court employed Article 121 (3) of the Tunisian Penal Code, which states the following:
“The distribution, putting up for sale, public display, or possession, with the intent to distribute, sell, display for the purpose of propaganda, tracts, bulletins, and fliers, whether of foreign origin or not, that are liable to cause harm to the public order or public morals is prohibited.”
Anyone who violates this law risks a fine of 120 TND (76USD) to 1200 TND (760 USD), and a jail term of six months to five years.
Article 121 (3), adopted on 3 May 2001 as a way to tighten control over press freedom, was repeatedly used during the post Ben Ali era.
The controversial law earned Jabeur Mejri and Ghazi Beji a five-year jail term, and a 1200TND (760USD) fine for publishing content liable to “disturb public order”, and six months for “moral transgression”. The court also sentenced them to two more years in prison for “insulting others via public communication networks”.
The Court of First Instance of Tunis also used this law to fine both Nessma TV boss Nabil Karoui over the broadcast of French-Iranian film Persepolis, and Nasreddine Ben Saida, the general director of the Arabic-language daily newspaper Attounissia over the publishing of a front page photo of a Real Madrid footballer with his naked girlfriend.
“As lawyers and activists we are volunteering to defend Mejri, and Beji. This is our tool to combat abusive laws adopted during the Ben Ali regime. But it is the job of the legislative branch, that is the national constituent assembly, to amend such laws,” explained Mrs Bel Haj Hmida.
The Court of First Instance of Tunis today ordered Nabil Karoui, boss of Nessma TV, to pay a fine of 2,400 Tunisian Dinars (961 GBP) over the broadcast of the French-Iranian animated film Persepolis.
Karoui was found guilty of “disturbing public order”, and of “attacking proper morals” but the court dismissed the charge of “attacking religious symbols”. Nadia Jalel, whose association dubbed the film into Tunisian dialect, and Hedi Boughnim, Nessma Program Director were also convicted and fined.
Shot from French-Iranian film, Persepolis
The film aired few weeks before elections in October 2011 which bought the moderate Islamist Ennahda party to power. It angered hardline Islamists and sparked violent protests. Karoui’s house and Nessma TV headquarters were attacked by ultra-conservative protesters who considered the film “blasphemous” because it contains a scene where God is depicted. Seculars Tunisians viewed the trial as a test of freedom of speech.
The verdict was issued as World Press Freedom Day was celebrated in Tunis. Naceur Aouini, Karoui’s defence lawyer described the verdict as “political par excellence”, saying “the Tunisian judiciary is not independent”. He told AFP: “This verdict is an affront to the freedom of the press. We hoped for a straightforward acquittal on this World Press Freedom Day.”
Aouini told Express FM that the defence will appeal, and will continue fighting “for the Tunisians’ right to freedom of speech, and to an independent judiciary”.
Faouzi Ben Mrad, another lawyer defending Karoui, described the verdict was “alarming”.
“I feel ashamed because we have provided the court with all documents, and legal texts that prove that Karoui, and the two other defendants did not commit any crime that requires punishment…it’s a sad day”.
A Tunis court is expected to issue a verdict in the prosecution of a television station broadcaster which aired the award-winning French-Iranian film Persepolis tomorrow (3 May). If convicted of “violating sacred values”, Nabil Karoui, Nessma TV’s owner and two of his employees face up to to three years in jail which ironically is also UNESCO World Press Freedom Day.
The 2007 animated film, which contains a scene where God is depicted as a white-bearded man, was broadcast a few weeks before the October 2011 constituent assembly election. Its broadcast sparked violent protests: Nessma TV’s headquarters and Karoui’s home were attacked by ultra-conservative protesters who consider pictorial representations of God as haram (forbidden).
The court hearings were marked by tension and violence. In January, 23 journalists and activists standing in solidarity with Nessma TV were assaulted. On 19 April, and due to high tensions outside the courtroom where pro- and anti-Nessma protesters gathered, the court decided to delay issuing a verdict to 3 May.
“I hope that the court will shut this file for good, put law into practice, and put an end to this waste of time, and effort,” Sofiene Ben H’mida, a journalist for Nessma, told Index. Ben H’mida was himself assaulted by protesters showing support to the Interior Minister Ali Laarayedh on 11 January.
“The Nessma team is confident and no matter what the verdict will be, we have enough courage to continue our job”, he added.
A verdict in the trial of a webmaster accused of failing to quickly remove online comments deemed insulting to Thailand’s royalty has been postponed. Judge Nittaya Yaemsri said more time was needed to process documents in the case of Chiranuch Premchaiporn, editor of news website Prachatai, with a new court date set for 30 May. Premchaiporn faces up to 20 years in jail for comments posted on the site by users. She is being tried under Thailand’s computer-crime laws, which address hacking and other online offences, but also prohibit the circulation of material deemed detrimental to national security, including defaming the monarchy.
