Tunis, February 11, 2025 – The Criminal Chamber of the Court of Cassation decided to uphold the decision of the Indictment Chamber to refer journalist Mohamed Boughalleb to the Criminal Chamber of the Court of First Instance in Tunis, on charges related to Presidential Decree No. 54.
Case Background
The case dates back to a complaint filed by a university professor against Mohamed Boughalleb, following a post he published on social media. The investigating judge at the Court of First Instance in Tunis subsequently issued a warrant for his imprisonment.
After referring the case to the Indictment Chamber of the Court of Appeal in Tunis, it was decided to refer Boughalleb to the Criminal Chamber, basing this decision on the fact that the complainant is a public employee. For his part, Boughalleb filed an appeal before the Court of Cassation against the decision to refer him to trial, but the court rejected the appeal and upheld the decision of the indictment chamber, in a ruling issued today, Tuesday.
Controversial Legal issues
According to the defense team, the Court of Cassation’s decision included serious legal issues, as it relied on an unofficial electronic inspection of the disputed post, which the complainant herself conducted via a screenshot without being verified by a competent authority. The technical police confirmed in its report that the post did not exist at all, which raises questions about the legality of the evidence relied upon in the case.
Decree 54: freedom of the press under threat
This ruling comes in the context of escalating controversy over Decree No. 54, which is considered a tool to restrict freedom of the press and expression, as a number of journalists and bloggers have been prosecuted under it on charges related to publishing online news or posts. International human rights organizations have confirmed that this decree poses a serious threat to freedom of expression in Tunisia.
A fair trial must be guaranteed and the independence of the judiciary must be respected
The Freedom for Tunisia Observatory expresses its deep concern about the use of Decree 54 to prosecute journalists and media professionals, considering that this case raises serious concerns about the independence of the judiciary and the guarantee of fair trial.
We call on the judiciary not to be dictated to by any political pressures and not to use vague laws to silence voices and settle scores. We also stress the importance of protecting freedom of the press and expression as a fundamental pillar of democracy and human rights.