A number of journalists from public and private media companies were summoned for interrogation last week by the Counter-Terrorism Unit (CTU) on charges of supporting terrorism. This has raised the concerns of human rights organizations, led by the National Syndicate for Tunisian Journalists (NSTJ), that the government is actually using the anti-terrorism act to control media and journalists.

A number of journalists from public and private media companies were summoned for interrogation last week by the Counter-Terrorism Unit (CTU) on charges of supporting terrorism. This has raised the concerns of human rights organizations, led by the National Syndicate for Tunisian Journalists (NSTJ), that the government is actually using the anti-terrorism act to control media and journalists.

Nearly two months ago, editor of the news bulletin in the public Tunisian TV Channel Hammadi Ghidawi was removed from his post because he allegedly committed an unprofessional error. On November 14, 2015, Ghidawi allowed the airing of a report about a terrorist operation that took place a day before in Jilma area in Sidi Bouzid Governorate where a number of terrorists beheaded Mabrouk Sultani, a child shepherd in Mount Mghela, put his head in a black plastic bag and sent it with his friend to his blind mother. The general manager of the Tunisian TV Channel was also removed from his position

Ghidawi did not think for one second that he, alongside nine of his colleagues who filmed the report, would be summoned by the CTU and be accused of supporting terrorism and forming a terrorist accord, a serious accusation punishable by 20 years imprisonment.

“We admit that the report was an unintended unprofessional error and administrative sanctions have been imposed,” says Ghidawi. “But how on earth would a picture of a black bag, even if it contained a severed head, make us terrorism supporters intending to form a terrorist accord?”

The Ministry of Justice (MoJ) announced its intention to prosecute the people involved in preparing and broadcasting the report pursuant to the Anti-Money Laundering and Counter-Terrorism Financing Act No. 26 of 2015, and also Article 23 of the Code of Criminal Procedure, which resulted in referring 10 journalists for investigations.

Prosecutions also affected journalists working for private institutions. Head of hakaekonline.com Mohammad Youssfi who was placed under security surveillance after being targeted by terrorist groups is now accused and being interrogated by the CTU.

Youssfi claims he was summoned in a very strange way. “Security agents came to me at work to serve me with a summons that did not have a name on it,” he says. “They asked me to go with them to the CTU headquarters in Tunis.”

Having consulted the NSTJ, Youssfi refused to go with them not because he was above the law, but because they did not observe administrative procedures. He argues that the only reason behind summoning him in that way was to intimidate him and put pressure on journalists to prevent them from dealing with terrorism cases.

NSTJ member Youssef Wasslati maintains that these prosecutions against journalists imply a government desire to re-subjugate journalists by intimidating them with accusations that might turn into prison sentences due only to unprofessional errors.

In its recent statements, the NSTJ strongly criticized referring a number of journalists to interrogation under Act No. 26 and said they were like political trials aiming to control the media and prejudice the freedom of the press.

The NSTJ has asked journalists to not attend court unless the writ clearly states the reason of summoning and the status that the journalist would be attending, as a witness or a defendant. “All the referral cases of journalists under Act No. 26 have been raised by the District Attorney Office which reports to the MoJ,” says Wasslati.

He argues that this trend breaches the law because Decree No. 115 of 2011 – issued following the revolution – which governs the freedom of the press clearly states that prosecuting journalists in cases of publication and opinion should be done under that law. “The government is angry with the media and it is trying to use Act No. 26 to intimidate journalists,” says Wasslati.

Government spokesman Khaled Shawkat says the government does not intend to subjugate or control media and what happened during the past few days was purely a judicial matter that the government had nothing to do with. “The government coalition stands by media freedom,” he says.

Spokesman for the Ministry of Interior Walid Waqini says the security establishment supports media freedom and freedom of expression, pointing out that the charges against some journalists are judicial and the security establishment has nothing to do with them.