Reporters Without Borders

Online journalist and human rights activist Zouhaïer Makhlouf has been transferred from Monarguia prison to Messadine prison in the governorate of Sousse, 160 km south of Tunis, to serve the three-month sentence he received on 1 December.

As he had already been held for 40 days when he was given the sentence, he should be released on 21 February.

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01.12.2009 - Online journalist gets three months in prison

A court in Grombalia, in the northeastern province of Nabeul, today sentenced online journalist and human rights activist Zouhaïer Makhlouf to three months in prison and a fine of 6,000 dinars (3,115 euros) on a charge of causing harm by means of the telecommunications network under article 86 of the telecommunications law.

Prosecuted for an online video about an industrial area for which, according to the authorities, he failed to obtain an official permit or the consent of the people he filmed, Makhlouf has been held since 21 October, so 40 days will be deducted from the time he has to serve. He has said he will appeal, but his appeal will not be heard for another month.

“We condemn this conviction, which ignored irrefutable evidence of Makhlouf’s innocence,” Reporters Without Borders said. “It is clear from the video that the people in it consented to being filmed and no permit is needed for filming an industrial area. As with the Taoufik Ben Brik, who was sentenced to six months in jail last week, this was clearly a judicial farce. We call for the immediate release of these two journalists.”

Around 30 lawyers attended the second hearing in Makhlouf’s trial with the aim of pleading in his defence, but judge Slimane Hammammi only allowed three of them, Nejib Chebbi, Faouzi Ben Mrad and Radhia Nasraoui, to speak. The judge repeatedly interrupted Makhlouf’s lawyers, thereby violating his right to a defence on equal terms as the prosecution.

The staff at Monarguia prison, where Makhlouf is being held, prevented one of his lawyers, Saïfeddine Makhlouf, from visiting him on the eve of the hearing, claiming that Makhlouf did not want to see him. His wife was also told he did not want to see her when she tried to visit him on 25 November. On each occasion, Makhlouf was unaware he had visitor. His wife finally managed to see him on 27 November.

See the previous press release about Zouhaïer Makhlouf: http://www.rsf.org/Jailed-online-journalist-s-trial.html