Former Tunisian Presidential Advisor of Media Convicted for his Speech

By Justin Dorman
Impunity Watch Reporter, Middle East

TUNIS, Tunisia – This past Friday, the military court in Tunis found former presidential advisor Ayoub Massoudi guilty of “defaming a civil servant” and “undermining the reputation of the army.”

Ayoub Massoudi was found guilty by a military tribunal for his criticisms of two high-ranking army officials. (Photo Courtesy of Amnesty International)

For his remarks, Massoudi was given a DT1 fine. The former presidential advisor of media resigned from his position two days after the extradition of former Libyan Prime Minister Al-Baghdadi al Mahmoudi this past June. On August 15, Massoudi was arrested and charged regarding his public criticism of the extradition.

Tunisian President and Commander-in-Chief Moncef Marzouki never wanted Mahmoudi extradited because he knew Mahmoudi would not get a fair trial in Libya. Despite Marzouki’s opposition, Prime Miniser Hamadi Jebali sent Mahmoudi back to Libya with the help of Rachid Ammar, the Tunisian Armed Forces’ Chief of Staff, and Minister of Defense Abdelkrim Zbidi.

In response to the government’s actions, Massoudi went on the Attounisia television channel and remarked that the extradition was a, “treason against the State” because Ammar and Zibidi “were aware of the extradition, its time, and all of its circumstances…did not utter a word, and did not inform the President who is the Commander-in-Chief.”

He claims his statement was directed specifically at those two officers and did not extend to Tunisia’s military forces in general. Massoudi thus reasoned that his criticism should not violate article 91 of the Military Code.  Massoudi also had some critical words for how the government dealt with the protests in Sidi Bouzid, which he posted on his blog.

Massoudi was not originally notified that charges were being brought against him. He tried to leave the country to visit his family in Paris for the Eid festivities, but was stopped at the Carthage Airport and informed that a travel ban had been imposed on him. Throughout his hearings, Massoudi tried to get it lifted, but he was unsuccessful.

The Deputy Middle East and North Africa Programme Director at Amnesty International, Hassiba Hadj Sahraoui, said that, “Friday’s verdict against Ayoub Massoudi is yet another blow to the right to freedom of expression in Tunisia and should be quashed immediately.”

Sahraoui further believes that Massoudi never had a chance at a fair trial because he was tried by a military tribunal. Since he was a civilian and not a military officer, trying him in front of a military tribunal disregards basic international human rights standards. He also tried attempted to transfer his case to a civil court during his hearings, but his requests were denied.

Eric Goldstein, Human Rights Watch’s deputy Middle East and North Africa director, agreed with Sahraoui.

“The right to subject public officials to scrutiny and criticism is one of the most basic elements of freedom of expression, a hallmark of democracy, and essential to promote debate about matter of public interest,” he said.  “These charges and the laws they are based on, should have no place in a democratic Tunisia that respects human rights.”

According to Human Rights Watch, “the charges brought against Massoudi by the military tribunal violate his right to free expression, protected under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Tunisia is a party.”   In its 2011 omments regarding Article 19 and the ICCPR, the United Nations Human Rights Committee placed specific emphasis on states not inhibiting expression pertaining to issues of public debate about public figures.

For further information, please see:

Amnesty International – Tunisia: Former Presidential Adviser Convicted for Criticizing the Army – 24 September 2012.

Tunisialive – Court Case Continues Against Former Presidential Adviser for Remarks Against Military – 30 August 2012

Global Voices – Tunisia: Former Presidential Advisor Faces Military Trial Over Army Criticism – 23 August 2012

Human Rights Watch – Tunisia: Drop Charges for Criticizing Army – 22 August 2012

Tunisialive – Former Presidential Adviser Ayoub Massoudi Faces Military Trial Today – 17 August 2012

Author: Impunity Watch Archive