An 18-year-old Tunisian Internet-user Abderrazak Bourguiba, was sentenced to 25 months in prison by the youth criminal court in Tunis on 16 April. Eight other members of the "Zarzis Internet-users" group were sentenced to prison terms of up to 26 years on 6 April on terrorism charges for having downloaded files from the Internet that were judged subversive.
An 18-year-old Tunisian Internet-user Abderrazak Bourguiba, was sentenced to 25 months in prison by the youth criminal court in Tunis on 16 April.
Eight other members of the "Zarzis Internet-users" group were sentenced to prison terms of up to 26 years on 6 April on terrorism charges for having downloaded files from the Internet that were judged subversive.
Tunisian authorities have said that the group "was trying to make contact with the terrorist al-Qaeda movement for logistical support", planned to launch a rocket attack against the maritime guard at Zarzis port and was preparing an attack on a secondary school.
Said Ben Amor, one of the lawyers for the young men, told Agence France-Presse that the defence had walked out of the 16 April hearing to protest at "the absence of prosecution evidence" and refusal to allow a medical examination of their client. Abderrazak Bourguiba appeared before the court with a pierced eardrum and signs of facial paralysis following torture inflicted on him in prison.
Reporters Without Borders repeated its appeal for the release of the Zarzis Internet-users, pointing out that no serious evidence had been produced to support the charge against them. The international press freedom organisation said that simply looking at Internet sites could not in any case constitute grounds for a conviction.
--------------------------------------------------------------
14 April 2004
Eight young Internet users convicted of terrorism on no evidence
Reporters Without Borders today voiced shock and outrage today at sentences of up to 26 years in prison imposed by a Tunis court on 6 April on eight Internet users from the southern city of Zarzis who were accused of promoting terrorist attacks on no other evidence than files downloaded from the Internet.
"The trial of these young people shows the Tunisian judicial system's outrageous contempt for the right of defence," the organisation said, calling for their release when their appeal is heard. "Just looking at Internet sites cannot be considered evidence of a terrorist plot - the Tunisian regime is trying to terrorize Internet users and silence dissent."
The organisation called on the international community, starting with the United States and the European Union, to reaffirm that the fight against terrorism does not under any circumstances justify violating individual freedoms or letting justice take second place to the arbitrary exercise of power.
A Tunis criminal court headed by judge Adel Jeridi sentenced seven people to 19 years and three months in prison. They were Hamza Mahrouk, 21, Farouk Chelandi, 21, Amor Rached, 21, Abdel-Ghaffar Guiza, 21, Aymen Mecharek, 22, Ridha Hadj Brahim, a 38-year-old teacher, and Ayoub Sfaxi, who normally lived abroad.
Tahar Guemir, 19, who also normally lived abroad, was sentenced to 26 years in prison as the alleged ring-leader. A ninth defendant, 19-year-old Abderrazak Bourguiba, is to be tried shortly by a minors court because he was only 17 at the time of the alleged crimes. Reporters Without Borders called for Bourguiba's immediate release.
The eight were convicted of "forming a band to terrorize people... aggression against individuals with the intent to terrorize... holding unauthorized meetings... theft and attempted theft... preparing explosive material (and) unauthorized possession of substances intended for making explosive devices."
Reporters Without Borders has been told that the prosecution produced no serious evidence against the defendants. The case file only contained a few files which they had downloaded from the Internet, such as information about the Kalashnikov rifle and documents explaining how to make a bomb. When the arrests were make, the police only confiscated a tube of a glue and a few CD-ROMs, which were the only evidence to support the allegation of making explosives.
One of the defence lawyers, Najib Hosni, said many irregularities marred the judicial proceedings. For example, as they were arrested in Zarzis, they should have been tried there, and not in Tunis. Five of the defendants filed a complaint alleging that they were tortured, but the court refused to allow any medical examination.
According to several different sources, the young defendants just used the Internet to download files about the situation in the Middle East. They also reportedly talked with one of their teachers, Ridha Hadj Brahim (who is one of those convicted), about the best way to support the Palestinian cause.