Tunisia: Chadha Hadj Mbarek May Face Capital Punishment in Second Arrest

The Coalition For Women In Journalism expresses deep concern over the arrest, urges immediate release and acquittal

Location: Tunisia, Kelibia
Date: July 23, 2023

Tunisian police arrest journalist Chadha Hadj Mbarek for a second time since an investigation into her role at a digital content company commenced. The reporter faces charges potentially carrying capital punishment under Tunisian law. The Coalition For Women In Journalism strongly denounces the absence of journalist protection and the persistent misuse of authority by officials in Tunisia. We condemn the arrest of Mbarek and urgently call for her immediate release and exoneration.

Chadha Hadj Mbarek was arrested for a second time in connection with Instalingo, a content creation company under investigation for  "attacks on state security," an accusation that the company vehemently denies.

The investigating judge in Sousse had previously dropped all charges against the journalist.

Mbarek was interrogated for three days without access to legal representation. In a social media post, the reporter said that the injustice inflicted upon her has caused “moral and material harm.” She mentioned the targeting has seriously impacted her mental health. The journalist says she’s been threatened and assaulted over the past two years, coinciding with the ongoing judicial proceedings.

Mbarek has been charged based on her responsibility to manage social media pages, allegedly defaming President Kais Saied and causing public security disruptions. 

The latest arrest raises concerns about the consistency of the legal proceedings and the potential infringements on Mbarek's rights.

The investigation against Mbarek and Instalingo comes amidst a surge in arrests targeting journalists and activists, most of whom oppose President Saied. On July 25, 2021, Saied seized power by dismissing the government and instituting a parliamentary suspension with assistance from the armed forces.

Instalingo, a company that provides communication and digital content production services to foreign enterprises, is suspected of attacking the state’s security. During a raid on the company in 2021, security forces confiscated computers and detained ten employees, including Mbarek. 

According to a statement released in October 2021, Instalingo described the charges as "an effort to settle political grievances in the aftermath of President Saied's unprecedented actions on July 25, 2021, which involved the dissolution of Parliament, the dismissal of the government, and the consolidation of authority."

In a statement to the Tap agency on Monday, June 19, 2023, Romdhane, spokesperson for the Court of First Instance, said they closed the investigation. However, he mentioned the public prosecutor filed an appeal against the investigating judge's decision to dismiss the case. He confirmed that the decision made by the investigating judge would be referred to the indictment chamber for final adjudication.

According to Hédi Khssib, spokesperson for the Court of Appeal in Sousse, the indictment division of the court postponed the proceedings regarding the Instalingo case until July 20. This delay results from an appeals request by the public prosecutor and the defense lawyers representing the defendants. Khssib further explained that the defendants will either be released or detained based on individual circumstances as the case progresses.

The Complexities of Tunisia's Media Landscape

The ongoing political crisis in the country and President Saied's questionable dedication to press freedom have resulted in significant consequences. Journalists have been barred from the presidential palace since Saied assumed office in October 2019, despite protests from the National Union of Tunisian Journalists (SNJT). Additionally, many media owners have disregarded the prohibition set by the Independent High Authority for Broadcast Communication (HAICA) that prevents combining media ownership with a political role.

The Coalition For Women In Journalism expresses solidarity with Chadha Hadj Mbarek and strongly condemns her arrest. We call upon the court to dismiss all charges against Mbarek and uphold the principles of democracy at a greater level. Preserving press freedom is crucial for fostering a healthy and thriving society.

The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.

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