• Case marks rare use of death penalty under laws curbing online speech
• Convicted under measures used to curb “false information” and silence dissent
• NGOs denounce verdict as abuse of power, raising rights concerns

A Tunisian court in Nabeul sentenced Saber Chouchane to death on Wednesday, Oct. 1, for posting “offensive” messages on Facebook that targeted President Kais Saied, the justice minister, and the judiciary.

Chouchane, in his fifties, was arrested in January 2024. He ran a Facebook page called “Kaïs le misérable,” where he shared caricatures, criticism of the government, and calls for protests. His lawyer, Oussama Bouthelja, confirmed that his client had received the “maximum sentence” and said he would appeal.

Bouthelja said Chouchane was charged under Articles 67 and 72 of the penal code, as well as Decree-Law 54, a 2022 measure aimed at curbing the spread of “false information.” Article 72 allows the death penalty for acts deemed attempts to alter the constitutional order.

Although Decree-Law 54 was introduced as a measure against misinformation, many NGOs have condemned it as a tool to silence dissent. The Committee for the Respect of Liberties and Human Rights in Tunisia (CRLDHT) called the ruling “extremely serious” and warned it set a “dangerous precedent.”

Tunisia continues to hand down death sentences, but no executions have been carried out since 1991. The case has raised fresh concerns about judicial independence.

Since President Saied consolidated power in July 2021, arrests of political opponents, journalists, and activists have increased, often justified under Decree-Law 54 or anti-terror laws.

Servan Ahougnon