Blasphemy blogger's trial: a test for freedom of expression in Tunisia

Emna Chargui imagined that she would make her followers laugh; she risks paying a high price. The 27-year-old Tunisian faces three years in prison and a 2,000 dinar fine (around 620 euros) for sharing in May on Facebook a parody of the Koran. Entitled "Surate Corona", the text written by an Algerian surfer living in France takes the form of a Quranic sura to invite internet users to wash their hands during the Covid-19 pandemic.

Badly took it from him. On May 4, the blogger was summoned by the judicial police and two days later, she went to justice for violating article 6 of the Tunisian Constitution deciding that "the state protects religion" and "the sacred". Seven members of a public prosecutor's office then subjected her to close interrogation. On May 7, she was charged with "inciting hatred between religions for the use of hostile methods or violence" under article 52 of the press freedom law decree. His trial, scheduled for May 28, has been postponed to July 2.

"I had no bad intentions"

In addition to the relentlessness of prosecutors, the young woman has to face death threats, intimidation, calls for rape relayed on social networks. Questioned on May 28 by France 24, Emna Chargui said she was frightened and overwhelmed by events.

"I'm really scared because I had no bad intentions, I didn't think it would take on such a scale and that we would end up with threats. I don't have any protection so I got to the point to be afraid for my own life. I have no future in Tunisia. I am no longer safe there. "

It is, among other things, this innocence that her lawyer will plead, who believes that "the case has grown too large compared to Emna Chargui's intentions. She just wanted to express herself freely on her Facebook profile and not to offend ", recounts Lilia Blaise, France 24 correspondent in Tunisia.  

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"This trial has no place to be"

Since the start of the case, Emna Chargui has enjoyed the support of several human rights associations who believe that diverting the Koran to save lives is nothing illegal. On May 27, Amnesty International called on the Tunisian authorities to "end the prosecution of Emna Chargui" and to "investigate and protect her worrisome death and rape threats."

The trial of Emna Chargui- accused of inciting hatred between religions after sharing a publication on the coronavirus imitating the literary style of the Koran is being held today at the court of 1st instance in Tunis. She faces up to 3 years in prison #Tunisia pic.twitter.com/56aecXeoYb

Questioned by France 24, the representative of FIDH [International Federation for Human Rights] in Tunis, Khitem Bargaoui, believes that this trial has "no place to be". "The trial which should be held should be that against those who called to rape and kill Emna".

"We can understand that the text offends sensitivities but not that it leads to a lawsuit. In addition, it must be emphasized that Emna did not produce this content, she just relayed it. She wanted to circulate very important information about the virus, in a different way, with humor. It is very disappointing to experience this in Tunisia, "deplores Khitem Bargaoui ,.

The 2014 Constitution supposed to guarantee freedom of expression

This case is not, however, a first in Tunisia which has already experienced media trials for "undermining the sacred". In 2012, Jabeur Mejri and Ghazi Béji were sentenced to seven years in prison for "moral injury, defamation and disturbance of public order" after the publication of cartoons of the Prophet Muhammad on Facebook. The same year, the businessman Nabil Karoui was tried for "attacking the sacred" after having broadcast on his television channel, Nessma TV, the film of the Franco-Iranian director Marjane Satrapi, "Persépolis".

"The novelty of this case is that there is the new Constitution of 2014 which protects religion of course, but also guarantees freedom of conscience and expression", underlines Lilia Blaise. "The problem is that we continue to have laws that do not respect this Constitution", nuance Khitem Bargaoui, who is waiting to know what role will play "the State in the protection of fundamental freedoms".

Nine months after President Kaïs Saïed came to power, this trial is seen as a life-size test on freedom of expression and the real will of those in power to protect it.

Trial for blasphemy in Tunisia: "This trial has no place to be"

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