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In the latest use of Decree “54” in Tunisia, a court ruled, on Wednesday, to imprison two media figures: political analyst and commentator, Murad Al-Zughidi, and television and radio program presenter, Burhan Bssis.

The spokesman for the Tunisian Court of First Instance, Mohamed Zaitouneh, told Agence France-Presse that the court decided to imprison Al-Zughidi and Bessis for two crimes: using a network and information and communication systems to produce, promote, send and prepare false news and rumors with the aim of attacking the rights of others and harming public security, and exploiting information systems to spread news that includes attribution of matters. Untrue, with the aim of defaming others, tarnishing their reputation, and harming them financially and morally.

Al-Zughidi and Bessis have been detained in pretrial detention, since May 12, due to statements and publications on social media that were considered critical of the authority of Tunisian President Kais Saied.

Since the Tunisian uprising in 2011, freedom of the press has become a major gain for Tunisians and the Tunisian media has become one of the most open in any Arab country.

But politicians, journalists and unions say press freedom faces a serious threat under the rule of Saied, who came to power in 2019 through free elections. Saeed rejects these accusations, saying that he will not become a dictator, according to a Reuters report.

Tunisian journalists gathered near the court in Tunis, on Wednesday, to protest the trial, and raised slogans demanding an end to what they described as ongoing restrictions and violations against journalists.

Ziad Dabbar, head of the Journalists Syndicate, said: “All journalists are on temporary release until something contradicts that… the prison door is open to journalists because of one word.”

He added, “The most dangerous thing is that the judiciary has started examining journalists’ intentions and what they mean by what they say and write.”

Dabbar said: “The threats and restrictions facing journalists in Tunisia are unprecedented, and we will be heading towards an escalation step.”

Murad Al-Zughidi

Murad Al-Zughidi

Al-Zaghidi is a television analyst and commentator on political and social issues, and works with Basis, who presents radio and television programs on private stations that address public affairs in the country.

Al-Zughidi was arrested because of “a post on social media in which he supports an arrested journalist, as well as for a number of his statements during television programs since last February.”

The two well-known journalists defended themselves, on Wednesday, during their trial session and confirmed that they were carrying out their work of analyzing the economic and social conditions in Tunisia, which was considered the cradle of the so-called “Arab Spring.”

Al-Zughidi said during the session: “My work as a political analyst requires me to speak about public affairs… I want to know what phrase or word was judged to be in violation” of the law, according to an Agence France-Presse journalist.

He added, “I am neither an opponent nor a supporter of the president. Sometimes I support his choices and sometimes I criticize them, and this is part of my media work.”

While his lawyer, Kamal Masoud, criticized Decree No. 54 and described it as “unconstitutional,” calling for “avoiding its use.”

The lawyer stressed that “if politics enters the courtrooms, justice leaves them,” calling on the president of the court to be independent in her ruling.

Burhan Basis

Burhan Basis

Nizar Ayyad, Bseis’s lawyer, confirmed that the latter’s arrest came against the backdrop of what was considered “insulting the President of the Republic through radio programs and blog posts.”

He added that the authorities pursued Bseis following media statements and social media posts dating back to between 2019 and 2022.

Bseis said during the session: “I am an activist (session moderator), so I must present all opinions regardless of their orientation,” denouncing the circumstances of his arrest “as if I were a dangerous criminal.”

The arrest of Al-Zughidi and Basis coincided with the forceful arrest of lawyer and television commentator Sania Al-Dahmani by police officers on May 11.

Following the arrest of Al-Dahmani, the lawyers went out in front of the Bar Association headquarters, raising the slogans: “The law firm is free and the police are righteous,” “We will continue the struggle,” and “Sunni, do not worry, freedoms are sacrificed with blood.”

The investigating judge summoned Al-Dahmani on suspicion of spreading rumors and harming public security following her statements.

Western countries condemned the wave of arrests that took place since the beginning of May, including Al-Zughidi and Bassis.

In mid-May, the United States condemned the wave of arrests, and considered that the authorities’ practices contradicted freedoms guaranteed by the Constitution.

While France expressed its “concern,” the European Union expressed its “concern” about the wave of arrests, stressing that freedom of expression and the independence of the judiciary constitute the “foundation” of its partnership with Tunisia.

Tunisian President Saied denounced what he considered “blatant interference” in his country’s affairs in the wake of international criticism.

In September 2022, Saeed issued a decree known as “Decree 54,” stipulating “a five-year prison sentence” and a fine of up to fifty thousand dinars “for anyone who deliberately uses information and communication networks and systems to produce, promote, publish, or send… Or preparing false news, statements, rumours, or fabricated or forged documents, or falsely attributed to others, with the aim of attacking the rights of others or harming public security or national defense.”

Within a year and a half, more than 60 people, including journalists, lawyers, and opponents of the president, were tried under this decree, according to the National Syndicate of Tunisian Journalists.

Since the summer of 2021, President Saied has monopolized the powers in the country and changed the constitution. Presidential elections are expected to be held at the end of this year, according to Agence France-Presse.

In a statement issued on May 17, Human Rights Watch condemned “the escalation of government repression in recent weeks and the measures aimed at muzzling freedom of expression.”

About 40 people, some of whom are prominent opposition figures, businessmen, and political activists, remain detained since last February, and Saeed accuses them of “conspiring against the state’s internal and external security.”

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