Tunisia: Internet users' jailed
A Tunis court has sentenced eight Internet users from the southern city of Zarzis to up to 26 years in prison. The convicted Internet users were accused of promoting terrorist attacks on the sole basis of files they downloaded from the Internet. Reporters sans frontières (RSF) has voiced shock and outrage over the sentences and called for the Internet users' release when their appeal is heard. "The trial of these young people demonstrates the Tunisian judicial system's outrageous contempt for the rights of the defence. Simply consulting Internet sites cannot be considered evidence of a terrorist plot. The Tunisian regime is trying to terrorise Internet users and silence dissent," the organisation said.
IFEX - News from the international freedom of expression community
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ALERT - TUNISIA
14 April 2004
Eight Internet users convicted of terrorism, sentenced to up to 26 years in
prison
SOURCE: Reporters sans frontières (RSF), Paris
(RSF/IFEX) - On 6 April 2004, a Tunis court sentenced eight Internet users from
the southern city of Zarzis to up to 26 years in prison. The convicted Internet
users were accused of promoting terrorist attacks on the sole basis of files
they downloaded from the Internet.
RSF voiced shock and outrage over the sentences and called for the Internet
users' release when their appeal is heard. "The trial of these young people
demonstrates the Tunisian judicial system's outrageous contempt for the rights
of the defence. Simply consulting Internet sites cannot be considered evidence
of a terrorist plot. The Tunisian regime is trying to terrorise Internet users
and silence dissent," the organisation said.
RSF called on the international community, and especially the United States and
the European Union, to reaffirm that the fight against terrorism cannot justify
violations of individual freedoms or allowing justice to take a back seat to the
arbitrary exercise of power under any circumstances.
The Tunis Criminal Court, presided by Judge Adel Jeridi, sentenced seven persons
to 19 years and three months in prison. They included Hamza Mahrouk, aged 21,
Amor Farouk Chelandi, aged 21, Amor Rached, aged 21, Abdel-Ghaffar Guiza, aged
21, Aymen Mecharek, aged 22, Ridha Hadj Brahim, a 38-year-old teacher, and Ayoub
Sfaxi, who lives abroad. Tahar Guemir, aged 19, who also lives abroad, was
accused of being the ringleader and sentenced to 26 years in prison. Another
defendant, 19-year-old Abderrazak Bourguiba, is to be tried shortly by a
juvenile court because he was only 17 at the time of the alleged offences. RSF
called for Bourguiba's immediate release.
The Internet users were convicted of "creating a gang to terrorise people",
"violence against individuals with the intent to terrorise", "holding
unauthorised meetings", "theft and attempted theft", "preparing explosive
materials" and "unauthorised possession of substances intended for making
explosive devices".
RSF has learned that the prosecution produced no credible evidence against the
defendants. The case file only contained a few files that they downloaded from
the Internet, such as information about Kalashnikov rifles and documents
explaining how to make a bomb. At the time of the arrests, the police only
confiscated a tube of glue and a few CD-ROMs, which were the only evidence to
support the allegation of "making explosives".
One of the defence lawyers, Najib Hosni, said many irregularities marred the
judicial proceedings. For example, since the defendants were arrested in Zarzis,
they should have been tried in the city rather than Tunis. In addition, five of
the defendants filed complaints alleging torture, but the court refused to allow
medical examinations.
According to several sources, the defendants simply used the Internet to
download files about the situation in the Middle East. They also reportedly held
discussions with their teacher, Hadj Brahim, about ways to support the
Palestinian cause.
For further information, contact Julien Pain, RSF Internet Desk, 5, rue Geoffroy
Marie, Paris 75009, France, tel: +33 1 44 83 84 71, fax: +33 1 45 23 11 51,
e-mail: [email protected], Internet: http://www.internet.rsf.org
The information contained in this alert is the sole responsibility of RSF. In
citing this material for broadcast or publication, please credit RSF.
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