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.

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