Noureddine Boutar

Noureddine Boutar

Arbitrarily detained then released on bail, under travel ban

About

Position / party / association: journalist

Profession: Journalist and director of private Mosaique FM radio, the most followed radio station in Tunisia

Nationality: Tunisian, French

Date Targeted

February 17, 2023

Current Status

Arbitrarily detained then released on bail, under travel ban

Charges

Using the radio editorial line to insult the highest authority and state symbols, inflaming the situation in the country, money laundering, and conspiring against state security. On November 18, 2022, President Saied complained while speaking to a reporter on Radio Mosaique that the station had become a platform for people who accused him of dictatorship (Amnesty).

Cases and Violations

Boutar was prosecuted under 10 articles of the Tunisian Penal Code – including Article 72, which stipulates the death penalty for attempting to “change the nature of the state” – and more than 12 articles of the 2014 anti-terrorism law.

President Saied described those detained in the “conspiracy case” as “terrorists” and accused them of conspiring to undermine the state and manipulating food prices to incite social tension, in video-recorded statements published on February 14 on his official page on Facebook.

Assigned judicial authority: Anti-terrorism Judicial pole

Procedures and breaches: February 13, 2023: Arrested by the Anti-Terrorism Squad. The anti-terrorism squad interrogated him about Mosaique FM’s finances, its editorial line, and the identity of the people who make editorial decisions. A judge from the economic and financial judicial sector ordered Boutar to be detained pending investigation, without immediately specifying the charges against him.

May 24, 2023: The Court of Appeal in Tunis released Noureddine Boutar on bail more than three months after his arrest. The Court of Appeal approved the request of Boutar’s defense team to release him, but in exchange for a financial bail of one million dinars (around 300 thousand euros), according to his lawyer Dalila Msaddek. Msaddek explained that it was also ruled that he would be banned from leaving the country.

Sources

arabic.euronews.com

Call to Action

Website petition: Freedom for prisoners of conscience and activists in Tunisia!

Tunisia is no longer the Arab exception that inspired the world in 2011 with a heroic revolution that overthrew the rule of Zine El Abidine Ben Ali, who ruled for nearly 23 years after seizing power on November 7, 1987, in a coup against Habib Bourguiba.

In a similar and perhaps more dangerous move, on the night of July 25, 2021, Tunisian President Kais Saied carried out a “constitutional coup” in accordance with his personal interpretation of Article 80 of the 2014 Revolutionary Constitution, announcing that he had taken a set of exceptional measures due to the “imminent danger” that threatens Tunisia without providing any details or reasons.

In accordance with these measures, Saied dismissed the government and the prime minister Hichem Mechichi who was present at the National Security Council that night at the Carthage Palace, and claimed that he had contacted the Speaker of Parliament Rached Ghannouchi (leader of the Ennahdha party) to consult with him in accordance with what is stipulated by the constitution, a claim which Ghannouchi denied since the call was general and did not include anything about exceptional measures or any consultation on the matter. The president suspended Parliament and later dissolved it in March 2022.

Not only did Saied seek to bypass his powers and the articles of the Constitution, which he swore to protect before the Assembly of the Representatives of the People, but he went on to dismiss and change the composition of the Supreme Judicial Council after redefining the judiciary it as a “function” rather than an independent authority. He further replaced members of the Supreme Electoral Commission in preparation for the referendum he held in order to vote on a constitution that he wrote himself after dismissing the proposals of the drafting committee he had himself appointed. Then legislative elections were held over two rounds, in which the participation rate did not exceed 8% of the total number of voters, with the Election Commission later announcing that it had reached 11%, which is the lowest participation rate in Tunisia and globally.

On February 11, President Saied’s regime launched a campaign of protests that has not stopped since, against political leaders, media figures, journalists, judges and senior officials and civil servants, for charges of “conspiring against the security of the state and committing an offensive act against the President of the Republic,” in addition to other charges that were referred to the military prosecution, leading one to wonder about the implication of the Tunisian army in the actions taken by Saied.

The arbitrary arrests were marred by several procedural violations amid criticism from prominent international organizations and observatories in the field of human rights. The standards of litigation and detention period and conditions were not respected. Prosecution and harassment sometimes extended to the detainees’ families, and no evidence, and in many cases, no charges against them were presented.

Moreover trade unions and political parties continue to be subjected to constant harassment and restrictions. Saied continues to target all “intermediary bodies” accusing them of “collaboration” or “treason”. Civil society associations have also been subjected to prosecution, arbitrary arrests and deprivation from representation, in a context of of increasing violence in society due to the authorities’ adoption of racist and discriminatory speeches and rhetoric inciting infighting and violating human dignity.

In light of the above, we, the undersigned, demand the following:

Call for the immediate release of all political detainees, immediately and unconditionally. We also urge the Tunisian authorities to recognize the national and the international human rights treaties they have ratified.
Call on the Tunisian authorities to stop dismantling the nascent democracy and put an end to unfair trials and prosecutions against political opponents of the regime and anyone who criticises it.
Call on all activists and observers to join the national movement for restoring democracy and ending authoritarian rule that has taken Tunisia back to despotism, injustice, and violations of rights and freedoms.