In a scene not unfamiliar in pre-revolutionary Tunisia, dozens of entertainment artists (rappers) and activists assembled in front of the Court of First Instance in Ben Arous, Tunis early morning on June 13 under heavy security presence. The gathering was reminiscent of a political trial under former Ben Ali’s regime, where the same ‘political police’ wandered freely in the vicinity of the court.

In a scene not unfamiliar in pre-revolutionary Tunisia, dozens of entertainment artists (rappers) and activists assembled in front of the Court of First Instance in Ben Arous, Tunis early morning on June 13 under heavy security presence. The gathering was reminiscent of a political trial under former Ben Ali’s regime, where the same ‘political police’ wandered freely in the vicinity of the court.

Not far from the courtroom, at a nearby café, awaited Tunisian rapper Aladdin Al-Yacoubi aka Weld El 15, the rap artist who penned the song ‘The Police are Dogs.’ He was surrounded by a large number of friends, family members, rappers, artists, Support Committee members and some of his lawyers, who all feared Yacoubi’s kidnapping before the trial, as he hid for over three months, after being given the same sentence in absentia with immediate effect.

Shortly after one in the afternoon, Al-Yacoubi left the café and turned himself in, accompanied by his friends, where they were met with strict entry procedures, allowing only his lawyers to accompany him into the courtroom. After being persistent, a few journalists and artists were allowed to enter the courtroom, while the rest continued to protest what they deemed a breach of the trial publicity.

Weld El 15 waited with the defense to appear in front of the judge, who was neither the same one who presided over this case since the case started, nor the one who released the video’s director, Mohamed Hedi Belgueyed, and actress Sabrine Klibi, who featured in it.

The trial began with Weld El 15’s testimony, after which time his lawyers discussed the case for over an hour, basing their arguments on the fact that there is no specific law governing this case and the fact that Aladdin did not address his lyrics to a particular figure. When the trial came to an end, security officers cautiously entered the courtroom to be distributed among the audience in preparation for the sentencing.

Tension mounted inside the courtroom, and security officers, satisfied with the court ruling, rushed towards Al-Yacoubi to arrest him. They assaulted the journalists and lawyers, used paralyzing gas on attendees and arresting several individuals in order to prevent any attempt of protest against the verdict.

The verdict had already been reached

Thamer Makki, member of Weld El 15 Support Committee, said he was surprised by what he described as an unjustified and deliberate prevention of supporters from entering the courtroom, which aroused the state of tension. He questioned the speed of articulating the verdict, as the judge did not refer to the case file or the defense’s written statements that had amounted to over 200 pages. Thus, the verdict had already been made and conditions of a fair trial were not available, Makki said.

Makki expressed his anger about the assault against him and a number of attendees. “Journalist Hind Meddeb who objected the verdict was arrested and I saw them assault another journalist inside the courtroom,” he said and added in an ironic tone, “Lawyer Kawthar Gharbi was verbally and physically assaulted when she objected to the security officers’ violence against us. Some of the powerful words Weld El 15 used in his song are deemed polite compared to the foul insults of the security agents addressed to her.”

Legal violations

Kawthar Gharbi says the subject actions in this case are not included in a penal legal text and are not classified under any offense, which is the responsibility of neither the litigant nor the defense. “There is a legislative vacuum and my client shall not be prosecuted without available legal text that defines the crime and its subsequent penalty,” she said. This legislative vacuum was acknowledged by security authorities themselves which justifies their unions’ demands for a law that provides their protection similar to that of the Military Institution. She believes that the verdict has already been made even before the beginning of the trial.

The defense body said in a joint statement that it “Urgently warns all human rights activists to acknowledge the legal breaches of the trial that are aimed at deterring freedom of expression under a moral guise that subjects penal provisions to criminalize acts not covered by the penal system in the first place.”

Pressures on the judge

Head of Tunisian League for Human Rights Defense Abdulsattar Ben Mousa said they demand the earliest release of Alaa since “It is unacceptable to reach verdicts that deprive freedoms in cases related to freedom of creativity and art,” he said.

Despite reservations about Weld El 15’s method of expression and his emphasis on the importance of creativity freedom controls, he added, “The frequency of jail sentences in such cases indicates the return of the oppressive practices under Ben Ali’s regime.”

Ben Mousa believes that the court violations that occurred, such as limiting attendance and the assaults by security officers against numerous attendees inside and outside the court have marred the judicial process. As to the verdict, he believes it is “surprising and tough,” stressing that he does not intend to interfere with the work of the judiciary. However, he added, “The judiciary is still dependent and it is likely that the judge has experienced pressures from one side or the other, not that I accuse either.”

The Music and Drama Syndicate affiliated with General Union of Tunisian Workers, International Federation for Human Rights, ‘Human Rights Watch’ and other associations issued statements condemning the court sentence. In addition, the Ministry of Culture issued a statement stressing its commitment to the Creativity and Art Freedom and said despite its keenness to the independence of the judiciary, it “asks the court to respond to the revolutions’ demands especially the right of freedom of expression.”

Security applied the law

An unnamed security official said security forces applied the law inside and outside the courtroom. He said the courtroom is under supervision by the public and any internal security intervention could not have been executed outside the framework of his instructions. “One of the protesters used a tear gas bomb, inciting the security intervention.” He added that security officers respect the freedom of expression, but they object to defamation, insult and incitement to kill as is the case of Weld El 15’s song.

The defense has filed an appeal amid fears that the case would be delayed and banned from returning to court. However, public prosecution resumed the rule of releasing participants in the production of the song more than a month ago.