The FIDH and the EMHRN express their concern at the abuse recorded in several court proceedings before military and civil justice Tunisian, raising fears an instrumentalization of justice for political purposes. These derivatives are a blow to fundamental freedoms, such as freedom of expression, essential to the proper functioning of the Tunisian democracy.
January 4 Tunis military appellate court decided to confirm the conviction of Ayyub Masri, former adviser of the president of Tunisia Moncef Marzouki information, and increasing its 12-month suspended jail sentence. He was sentenced for having infringed the dignity and reputation of the Tunisian army and defaming a public officer, according to the code of military justice and the Tunisian penal code. In August 2012, he had resigned his post to advise openly criticising the way in which the decision to extradite former Libyan Prime Minister in Libya had been taken by the head of the Government, the Minister of defence and the Army Chief Tunisian without informing President Marzouki timely. Masterson lawyers appealed in cassation. "This decision of the Court of military appeals of Tunis against Ayoub Masterson endorse the infringement of freedom of expression and democratic debate," said Souhayr Belhassen, President of the FIDH. "The mere fact that a civilian is prosecuted in a military court violates the right to a fair trial. The Tunisian legislation should be amended to restrict the jurisdiction of military tribunals to offences committed by the armed forces", she added.
On January 3, the indictment division of the Court of first instance of Tunis decided to keep in custody Sami Fearon, producer of television and the private channel Ettounsiya TV CEO, prosecuted for complicity in a case of corruption and malfeasance of his production company "Cactus Production", dating back to the time of deposed president Ben Ali. This decision comes as November 28, 2012, the Tunisian Supreme Court overturned the decision on review and ordered the release of Fearon, which has never been implemented. Fearon, continued as an accomplice, is the only one to be held in this case since August, 2012, date coinciding with shutdown issue "Political logic," satirical passing on Ettounsiya TV, often critical of the Government in place. "These irregularities and judicial adventures in the matter of Sami Fehri do not show good health of Tunisian justice", said Michel Tubiana, President of the Euro-Mediterranean human rights network. "Although we can rent the will to investigate corruption cases during the Ben Ali regime, we can only condemn the non respect for decisions of justice and questioning the reasons for this judicial persecution which he seems to be", he added.
The FIDH and the EMHRN call on the Tunisian authorities to respect freedom of expression and to work for independent and respectful justice guarantees of the right to a fair trial, essential elements of a healthy democracy.
http://www.FIDH.org/Affaires-Messaoudi-et-Fehri-12732
