atheism and his lack of belief in Islam. Appearing before the investigating
judge a second time on March 7, Majri stated that he intentionally harmed the
image of the Prophet and Islam by publishing cartoons given to him by Beji, a
friend of his, and apologized, the transcript says.
On March 9, the First Degree Court of Mahdia initiated a criminal
investigation of Majri and Beji for “harm to public order and to public morals”
on the basis of articles 121(3) and 226 of the penal code, and article 86 of the
Telecommunications code.
The penal code’s article 121(3) makes it an offense to “distribute, offer for
sale, publicly display, or possess, with the intent to distribute, sell, display for
the purpose of propaganda, tracts, bulletins, and fliers, whether of foreign
origin or not, that are liable to cause harm to the public order or public
morals.” Article 226(2) says that a person found guilty of undermining public
morals by “intentionally disturbing other persons in a way that offends the
sense of public decency” can be sentenced to prison. Article 86 of the
Telecommunications code, adopted in 2001, provides for a prison term of one
to two years and a fine of up to 1,000 dinars for “harming others or disrupting
their lives through public communication networks.”
Beji had already encountered problems because of statements and behavior
reflecting his atheist views. He told Human Rights Watch by telephone:
On March 5 a relative informed me that my friend Jaber Majri was arrested in
Mahdia because of his writings [that were] deemed blasphemous. I decided to
flee to Libya but I stayed only one day there because the situation there didn’t
feel secure. So I returned to Tunisia. On March 9 I was at my grandparents’
house when my mother called to advise me not to come back home because
the police were searching our house and looking for me. I decided to escape.
I was already worried about my safety because weeks earlier I had started
receiving threats through anonymous telephone calls and being insulted on
the streets. I felt like a pariah as my friends turned against me. I first went to
Algeria, but I didn’t feel safe there so I decided to cross to Turkey, and from
there to Europe.
Beji, an agronomist, said he decided to write his book after he was fired from
his job in a railway station and then from a factory job. He attributed his
dismissals to colleagues who did not accept his atheism and his remarks
critical of Islam, and his refusal to fast during the month of Ramadan.
Judged in absentia, Beji is entitled under Tunisian law to a new trial if he
surrenders to authorities. However, the judge could decide to place him in
pretrial detention, as the judge did in Majri’s case. Majri has since appealed
this sentence.