Tunisia’s second coming

Six months after Tunisia’s first free elections, the country’s newspapers are filled with nostalgic longing for its former dictator. Even if his rule was a “veritable one-man-show”, muses La Presse, “was his dictatorship really harmful to Tunisia?” The accompanying hagiography leaves you in little doubt that this is meant as a question to which the answer is “no”. But there is no call for the dictator himself to be reinstalled. That is because the object of their affection is not the recently ousted President Ben Ali, but his predecessor, Habib Bourguiba, and he died 12 years ago.

At a time when the fundamental basis of the Tunisian state is up for grabs, the invocation of the dead president’s spirit is telling. There is a section of society — perhaps of a certain age — that remains faithful to the memory of Bourguiba as the father of a modern, secular Tunisia. The fact that he was also an autocrat who persecuted the political Islamists now leading Tunisia’s transitional government is not without significance. The tensions between the forces of secularism and the religious right have come to define the post-revolutionary era.

It is important that Tunisians are able to have these debates in public. “Tunisia was almost destroyed by two things, and they both begin with C,” says Afef Abrougui, Index on Censorship’s Tunisian reporter, “corruption and censorship.” Decades of state censorship have left the profession of journalism in a poor state of repair. Nevertheless, the sharp and occasionally shrill criticism of the present government, in print and online, is an obvious sign of progress. Artists and musicians are able to think aloud about politics without the police politique taking front row seats. Whatever the theatrical merits of Facebook!, a sort of cyber-Brechtian dance interpretation of the 2011 protests on show at the Centre Culturel de Carthage, its singular virtue must be that it can be shown at all.

In spite of these advances, there are some worrying noises. In March of this year, some drama students chose to celebrate World Theatre Day by performing on the steps of the Theatre Municipal, the grand art nouveau building in the middle of Avenue Habib Bourguiba in Tunis. At the other end of the street, a group of over-exuberant Salafists decided to put on their own piece of street theatre. As the denouement of their demonstration in favour of a religious constitution, a few of their number decided to clamber up the 120-foot high, wrought-iron clock tower at the end of the street, planting the black flag of the Caliphate at its summit. Their mission accomplished, they made their way down the road and set upon the students, noisily denouncing their “lack of respect for religious sanctity”, and raining down bottles on their heads.

When anyone feels the need to stage a counter-demonstration against theatre, it is time to sit up and pay attention. The craven response of the Interior Ministry, however, was to prohibit demonstrations on Avenue Habib Bourguiba altogether (the ban was subsequently lifted after several violent confrontations between police and protestors). Parts of the street are now semi-militarised zones; government buildings and public spaces are wreathed in barbed-wire. Groups of bored-looking military police sit in canary-yellow buses, waiting for something to happen.

Like Avenue Habib Bourguiba, there are still some areas of free expression that are only entered at acute personal risk. This month, Nabil Karoui, the general director of Nessma TV, was prosecuted and fined for “violating sacred values”. His offence was allowing the animated film Persepolis to be shown on his station (it depicts Allah as an old man with a white beard). The two imams who called for his death are yet to be punished.

A sentence of 7 ½ years imprisonment for two young men who published a satire of the prophet Mohammed was endorsed by President Moncef Marzouki. “Attacks on the sacred symbols of Islam”, he said, “cannot be considered part of freedom of expression.” The literal-minded censorship of the sacred has been accompanied by an equally disturbing increase in private prosecutions for obscenity. Earlier this year, the publisher of the national newspaper Attounissia was charged with “disrupting public order and decency” for printing a picture of a Lena Gercke, girlfriend of  Real Madrid footballer Sami Khedira, on its front page. All these prosecutions have been brought under provisions of the Ben Ali-era criminal code, which remain on the statute book.

This creeping moral and religious censorship adds to the impression of a state slouching towards authoritarianism. In the name of national unity, the transitional government has time and again shown itself quick to curtail, and be slow to defend, the right of Tunisians to free expression. In the political turf war that is taking place in the country, there is a real danger that the forces of reaction will be permitted to mark out the boundaries of free speech in a way that imperils the advances of 2011.

Michael Parker is a London-based lawyer and writer on international and legal affairs.

Tunisia: Newspaper executive Nasreddine Ben Saida released

A Tunisian court today released Nasreddine Ben Saida, general director of the Arabic-language daily Attounissia, who was arrested on 15 February after his newspaper published a photo German-Tunisian footballer Sami Khedira with his naked girlfriend. Rim Boukriba, a journalist for Attounisia, expressed her discontent about the arrest. “He was treated like a criminal … did he kill someone? Is he too dangerous to stay at large?” she said. “The authorities who jailed Ben Saida are seeking to silence us … their problem is not with the picture itself … but with the newspaper, which is popular, and widely read”, she told Index. “The picture is only an excuse,” she added. The court is expected to issue a verdict on the case on 8 March.

 

Tunisia: Provocative shot of Real Madrid’s Sami Khedira and naked girlfriend lands media executive in prison

Nasreddine Ben Saida, the general director of the Arabic-language daily newspaper Attounissia, has become the first media executive to be jailed in post Ben Ali era. Ben Saida, was not jailed for criticising the President, nor the government. He was jailed because his newspaper published a front page photo of Real Madrid midfielder Sami Khedira covering the breasts of his naked girlfriend, the German model, Lena Gercke.

Nasreddine Ben Saida was arrested on 15 February 15 along with the newspaper’s editor, Habib Guizani, and journalist Mohammed Hedi Hidri. On 18 February the general prosecutor decided to free Guizani and Hidri, but Ben Saida remains in prison. The publisher has reportedly started a hunger strike.

The arrests were not made under the country’s recently ratified press law, instead the prosecutor employed article 121 of the criminal code (ratified in May, 2001). It prohibits the publishing and distribution of content that is “likely to disturb public order and decency”. If found guilty Ben Saida faces up to five years in prison.

The National Syndicate of Tunisian Journalists condemned the prosecutor’s actions as “legal abuse” because article 13 of the new press legislation states that journalists “cannot be prosecuted in connection with their work unless a violation of the provisions of this decree-law is proved.”

The arrest is surprising because “indecent” photos are not strange to Tunisia society, both foreign and Tunisian magazines publish such photos. For instance, the monthly French speaking magazine Tunivisions published a front page photo of a semi-naked Tunisian model, on its August 2011 issue. No legal action was taken against the magazine.

Khedira spoke out in support of the journalists, telling German newspaper De Welt:

I think it is very, very sad and a great shame that something like this could happen. I respect the different religions that there are, and the faiths people have. But I can’t understand why people aren’t allowed to express themselves freely.

Tunisia: Journalists arrested in morality dispute

Three Tunisian journalists have been arrested on charges of offending public morality following the publication of a nude photograph. The Attounissia newspaper printed a photograph of Real-Madrid footballer Sami Khedira covering the breasts of his otherwise naked girlfriend, model Lena Gercke. The photograph drew an angry response from the country’s public prosecutor, resulting in the arrest of the newspaper’s publisher Nasreddine Ben Said, Habib Guizani, its editor-in- chief, and its world editor Hedi Hidhri. The photo was a reprint of a 2012 cover of the German edition of GQ Magazine.