Decree 54: Sonia Dahmani referred to the Criminal Division

The Indictment Division of the Tunis Court of Appeal decided this Thursday to refer lawyer and media commentator Sonia Dahmani to the criminal chamber in a case filed by the General Directorate of Prisons and Rehabilitation, under Article 24 of Decree-Law No. 54 of 2022. This controversial legislation, linked to cybercrime, is frequently criticized for being used against journalists and critical voices.

According to her lawyer, Me Sami Ben Ghazi, the Indictment Division reclassified the facts as a crime, therefore exposing his client to a sentence of up to ten years in prison. This decision contradicts a previous judgment by the Court of Cassation from February 3, which had overturned an earlier referral decision, considering that the case did not fall within the scope of Decree 54 as defined by law.

A Contested Use of Decree 54

The Court of Cassation had specified that the scope of Decree 54 is limited to offenses perpetrated “via information and electronic communication systems,” thereby excluding statements made in traditional media (print press, radio, television). It had also stressed that the complaint filed by the prison administration violated Articles 18 and 19 of the Tunisian Penal Code, as well as Article 46 of Decree-Law No. 79 of 2011 governing the legal profession.

The case in question is only one of five legal proceedings brought against Sonia Dahmani based on Decree 54. Four of them are considered misdemeanors, while the prison-related case has now been reclassified as a crime.