By Dr. Amna Guellali
Mejri wrote satirically about Islam and the Prophet Muhammad and reprinted crude caricatures of the prophet from an essay by Beji.
The new constitution has a provision that makes the state “the protector of religion” and requires it to prohibit “offenses to the sacred.” However, Tunisia should not negate the clear right in article 31 to “freedom of opinion, thought, expression, information and publication.” Article 49 states that authorities may restrict public freedoms only if those restrictions are allowed by law and are “necessary to a civil and democratic state and with the aim of protecting the rights of others, or based on the requirements of public order, national defense, public health or public morals, and provided there is proportionality between these restrictions and the objective sought.”
The United Nations Human Rights Committee considers it a violation of the right to freedom of expression, under the International Covenant on Civil and Political Rights, when countries impose “prohibitions of demonstrations of lack of respect for a religion or other system of belief, including blasphemy laws.”
Marzouki, speaking during a conference organized by the Council on Foreign Relations in New York in September 2013, appeared to imply Mejri’s imprisonment was for his own safety because of a violent response to the blogs by Islamic extremists and that he would free Merji when the situation cooled down. “Now be sure that I’m just waiting… for the political good moment,” Marzouki said.
Tunisia’s interim governing authorities made important strides toward the consolidation of human rights since the overthrow of President Zine el-Abidine Ben Ali, through a constitutional drafting process that culminated in the adoption of the constitution on January 26, 2014. They have repealed repressive laws on associations, political parties, and the press. However, they have yet to modify the penal code provisions that provide prison terms for defamation and such vaguely worded offenses as harming “public morals” and “public order.” and have continued to apply these provisions to prosecute speech considered objectionable. Courts have applied these provisions to convict people who spoke out on religious or politically issues peacefully.
“In congratulating Tunisians on their constitution, leaders of other countries at the ceremony should urge authorities to release people such as Mejri, whose conviction seems to contradict the rights enshrined in the new constitution,” Goldstein said.