Tunisian media entrepreneur and owner of Attounissia TV channel, Sami Fehri, is still languishing in prison despite a court decision for his release.

Sami was imprisoned on August 24, 2012 on charges of being a partner to Belhassen Trabelsi, the former president’s brother-in-law, at his television production company Cactus, which benefited from television advertising revenues from official television stations under Ben Ali.

Tunisian media entrepreneur and owner of Attounissia TV channel, Sami Fehri, is still languishing in prison despite a court decision for his release.

Sami was imprisoned on August 24, 2012 on charges of being a partner to Belhassen Trabelsi, the former president’s brother-in-law, at his television production company Cactus, which benefited from television advertising revenues from official television stations under Ben Ali.

“My husband is innocent and his current situation can only be described as one of revenge,” said Asmaa, Sami’s wife. “Therefore, law should be enforced and he may be held accountable after his release.”

Every month, Asmaa and her daughter, Khadija, along with some sympathizers with her husband’s case, stage a sit-in in front of the Ministry of Justice, shouting phrases such as ‘Release Sami,’ ‘We are all Sami Fehri,’ and ‘Ministry of Justice! Where is justice?’

Khadija wears a T-shirt with a picture of her father on the front. “My father is innocent and I call upon the Minister of Justice to release him because I miss him so much,” she said.

Controlling the media

“The government wants to control the media,” said journalist Munia Abdullah, while holding Sami’s photo. “We are not against accountability, but against selectivity and using accountability as a means against those whom the government does not like.”

Abdullah adds that the real corrupt figures are free because they have concluded agreements with the Islamic Ennahda Movement. The real reason behind the imprisonment of Sami, says Abdullah, “is the Attounissia Channel talk shows’ outspoken criticism of the government, particularly the comic Political Logic Show.”

Sami’s lawyer Abdulaziz Seid says it is the Minister of Justice who can solve this case. “If he ordered to execute the decision, Sami would be released. But the minister denied being able to do that,” Seid explained.

Seid describes what happened as a violation of the principles of human rights and an unprecedented case in the history of the Tunisian judiciary. “My client is detained without legal justification.” He claims that many organizations and associations have expressed solidarity with this case, issuing supportive statements, such as that of the Association of Judges, Human Rights Watch, Tunisian League for the Defense of Human Rights (LTDH), National Syndicate of Tunisian Journalists, and others.

Regarding the possibility of referring the case to the International Court of Justice if Sami’s release decision is not implemented for the third time, Abdulaziz said, “We will decide according to the situation, but I hope the case will end with Sami being released.”

“The judges of the courts of cassation in the 24 governorates of Tunisia will meet at the Court of Cassation in Tunis to discuss this case, but no date has yet been fixed,” added Seid, stressing that the Court of Cassation must implement the decision which the meeting courts will announce, according to Article 173 of the law.

“The people want accountability”

On the other side of the sitters-in stand Ennahda supporters shouting “Oh government! Where is accountability?!” They say Sami has misused public funds and made use of his relationship with the former president’s brothers-in-law and therefore he should be held accountable. They believe such a sit-in is against the government; they raise slogans denouncing the media.

Spokesman for the Ministry of Justice Adel Riyahi says Sami is accused of financial corruption and being a beneficiary of the former regime. Riyahi denies that his ministry has intervened in the judicial proceedings and says whoever claims the opposite should prove it.

Government intervention

However, Abdussattar Ben Musa, former Head of the National Lawyer Commission and the LTDH President, says Sami’s imprisonment is illegal and that the executive branch has intervened in the case proceedings.

Ben Musa criticized the decision of the district attorney’s office, claiming that the release decision is “crystal clear and the DA’s office should execute it; otherwise, Sami would be wronged.”

By two pm Asmaa, Khadija and other supporters ended a day of protests, tired from constant shouting. But Asmaa and Khadija are hopeful that this will be the last sit-in they have to stage.