Tunisia – Journalist Haj Moubarak reportedly detained under law that has been removed

The Court of Cassation in Tunis is set to review, on Friday, March 15, 2024, the appeal filed by reporter Chadha Haj Moubarak against the verdict by the indictment chamber of the Court of Appeal of Sousse. This ruling overturned the decision to classify the case as requiring no further inquiry after the initial charges against her were dismissed.

Souhail Mdimagh, the journalist’s lawyer, remarked to the press today, Thursday, on the margins of a press conference at the Journalists’ Union headquarters: “We await the Court of Cassation’s decision tomorrow, hopeful for a fair development. The charges against Chadha were founded on a legal provision that was repealed by a decree in 2011, especially the second paragraph of Article 61 bis of the Penal Code.”

Mdimagh stressed that Chadha Haj Mubarak was involved in an action not deemed criminal by the penal code, pointing out, “The now-deleted section criminalized establishing ties with foreign entities intending to harm the Tunisian economy.”

He further clarified that Haj Mubarak was targeted because of her contractual employment with a company, stating that her journalistic duties do not require her to uncover the company’s secrets. Mdimagh affirmed that the services she provided fell squarely within her journalistic responsibilities and did not warrant criminal liability.

Regarding the journalist’s health, her brother voiced concern, stating: “She is in an extremely difficult state of health and we hope for her release so she can receive treatment.”

The National Union of Tunisian Journalists reiterated its support and defence of Chadha Haj Moubarak, advocating for her release and the cessation of unjust legal actions against her, which contravene journalistic standards and legal regulations.

The union underscored that Hajj Mubarak is confronting serious charges and harsh penalties despite the lack of substantial proof for the accusations against her. It emphasised that her activities were limited to linguistic analysis, and no proof has been found of her involvement in any suspicious activity. This led the investigative judge handling the case to release her and dismiss the charges. Nevertheless, the indictment chamber of the Court of Appeal in Sousse reversed this decision and ordered her imprisonment.