Press release
Geneva – August 12, 2024
On Wednesday, August 7th, the Court of Appeals in Tunis decided to refer journalist Mohamed Bou Ghalb to the criminal court at the Tunis First Instance Tribunal. This referral follows a complaint filed against him by a university professor, accusing him of “defamation through social media,” based on Article 24 of Decree No. 54.
Illegal Procedures:
According to his brother and defense attorney, Jamal El-Din Bou Ghalb, the investigations were not conducted according to legal protocols. Bou Ghalb was kept under an arrest warrant and referred to the criminal court despite denying all the accusations against him and the lack of concrete evidence.
His brother added that the investigation relied on a screenshot from a post on a fake account, shared in a closed Facebook group, whereas standard procedure would involve examining the content directly on a personal computer or smartphone.
Previous Conviction:
On April 17, 2024, the Tunis First Instance Tribunal sentenced Mohamed Bou Ghalb, an activist journalist and human rights defender, to six months in prison.
This sentence was related to a complaint filed by an employee of the Ministry of Religious Affairs. The court charged Bou Ghalb with “falsely accusing a public official without providing evidence,” based on Article 128 of the Penal Code, while dismissing other charges and ordering him to cover the legal costs.
Rejection of Violations of Freedom of Opinion and Expression:
The Committee for Justice (CFJ) has condemned the targeting and harassment of journalist Mohamed Bou Ghalb by the Tunisian authorities. CFJ demands an end to the arbitrary actions against him, the annulment of his conviction, and his release.
CFJ argue that the charges are based on his opinions, which constitutes a violation of the freedom of expression and opinion guaranteed by the Tunisian Constitution and the international treaties that Tunisia has signed and is obligated to uphold.
