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TUNISIA: Tunisian court sentences lawyer and chronicler to 2 years in prison

30 October, 2024

On 24 October 2024, Sonia Dahmani was sentenced to two years’ imprisonment for “disseminating false news likely to undermine State security”, under Presidential Decree-Law No. 54.

 

The sentence was handed down because of statements made by Ms Dahmani denouncing the widespread racism in Tunisia. She deplored the existence of cemeteries and buses reserved for white people. Well known for her outspokenness, the lawyer is now the target of five legal proceedings for her public statements, notably on the living conditions of migrants, the fate of political prisoners and the racism suffered by black Tunisians.

 

Sonia Dahmani had already been sentenced in a first case to twelve months’ imprisonment – reduced to eight months on appeal in September – for having declared “Tunisia, what a beautiful country”, in a tone deemed ironic.

 

None of the five cases has been completed.

 

Her conditions of detention are appalling. She was subjected to searches that were extremely intimidating and violent. A complaint for acts of torture and rape has been lodged by her defence.

 

The purpose of these proceedings is clearly political. They are part of a process by the Tunisian authorities aimed at destroying and repressing all forms of freedom of expression.

 

Dozens of lawyers are being prosecuted. Dozens of judges have been dismissed without cause. The Tunisian authorities are doing everything in their power to undermine the foundations of judicial authority and to disregard the rules of fair trial.

 

The Observatory strongly condemns the sentencing of Sonia Dahmani to 2 years in prison for exercising her right to freedom of expression. 

 

The Observatory urges the Tunisian authorities to release Ms Dahmani immediately and unconditionally.

 

The Observatory reminds the Tunisian State that according to paragraphs 1 and 2 of Article 19 of the International Covenant on Civil and Political Rights, ratified by Tunisia in 1969: “1. Everyone shall have the right to hold opinions without interference. ; 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”.

 

The Observatory also recalls article 9, paragraph 2, of the African Charter on Human and Peoples’ Rights, ratified by Tunisia in 1983: “ Every individual shall have the right to express and disseminate his opinions within the law. ”.

 

Lastly, the Observatory reiterates United Nations principle no. 23 on the role of the Bar, according to which “Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization (…).”

 

TUNISIA: Sonia Dahmani sentenced on appeal by the Tunisian courts

11 September, 2024

The appeal trial of Sonia Dahmani on 10 September 2024 was due to be chaired by a judge known for her independence. However, on 2 September 2024, she was dismissed and replaced by another judge known to be in charge of sensitive trials.

The judge who chaired Me Dahmani’s trial took decisions which, in several cases, were perceived as restricting the rights of the defence.

In this context, Mr Dahmani’s trial already presented difficulties.

The International Observatory for Lawyers in Danger travelled to Tunisia alongside other defence organisations to attend Sonia Dahmani’s appeal trial.

 

TUNISIA: Lawyer Sonia Dahmani prevented from attending appeal hearing in her own trial

23 August, 2024

On 20 August 2024, Sonia Dahmani was due to appear at the appeal hearing scheduled before the 14th chamber of the Tunis Court of Appeal. Even though she gave in to the humiliating demands imposed by the prison administration, our colleague was refused to be transferred to attend the hearing.

The court was due to rule on the appeal lodged by Sonia Dahmani against the decision of the court of first instance sentencing her to one year’s imprisonment. The large number of lawyers present outside the courthouse, including an OIAD observer, were able to learn of the prison administration’s intention to prevent Sonia Dahmani’s transfer to attend the hearing.

The prison administration required our colleague Sonia DHMANI to wear flip-flops instead of her own shoes, as well as a long white veil imposed on women prosecuted for indecent behaviour.

Although there is no legal provision for such particularly humiliating requirements, Maître Dahmani accepted them in order to appear in court. However, the prison administration refused to allow Maître Dahmani to be transferred so that he could attend the hearing, on the pretext of the late hour.

The Observatory notes the rescheduling of the hearing to 10 September and offers its unconditional support to Sonia Dahmani, who is being prosecuted simply for exercising her freedom of expression.

The Observatory strongly condemns the disgraceful prison treatment suffered by our colleague Sonia DAHMANI and the obstacles encountered in gaining access to her judges.

The Observatory urges the Tunisian authorities to release Ms Dahmani immediately and unconditionally.

The Observatory reminds the Tunisian State that according to article 19, paragraphs 1 and 2, of the International Covenant on Civil and Political Rights, ratified by Tunisia in 1969, “1. Everyone shall have the right to hold opinions without interference. ; 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”

The Observatory also recalls that in line with the basic principles of the United Nations relating to the role of the Bar, in particular principles 23 and 27:

“Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization.” (Principle 23)

“Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.” (Principle 27)

 

TUNISIA: Lawyer Sonia Dahmani sentenced to 1 year in prison by the Tunisian courts

16 July 2024

 

Tunisian lawyer Sonia Dahmani was sentenced to 1 year in prison for “spreading false news” by the Tunisian courts on 6 July 2024. The information was shared by her daughter on Facebook.

In response to a question about the arrival of migrants from sub-Saharan Africa in Tunisia, Sonia Dahmani sarcastically replied on television: “What extraordinary country are we talking about? The lawyer’s statement was seen as damaging to Tunisia’s image.

The lawyer was subsequently called before the investigating judge on 9 May 2024. However, in the absence of any reasons for the summons, she refused to attend.

Me Dahmani was violently arrested on 11 May 2024 at the Lawyers’ House in Tunis. She was arrested while the France24 news channel was broadcasting live from the Lawyers’ House.

More than 60 lawyers, journalists and political opponents have also been prosecuted.

 

The Observatory strongly condemns this clear attack on the freedom of expression of the lawyer Sonia Dahmani.

The Observatory urges the Tunisian authorities to release Ms Dahmani immediately and unconditionally.

The Observatory reminds the Tunisian State that according to article 19, paragraphs 1 and 2, of the International Covenant on Civil and Political Rights, ratified by Tunisia in 1969, “1. Everyone shall have the right to hold opinions without interference. ; 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”

The Observatory also recalls that in line with the basic principles of the United Nations relating to the role of the Bar, in particular principles 23 and 27:

“Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization.” (Principle 23)

“Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.” (Principle 27)