In an alarming escalation of authoritarianism, a Tunisian court recently sentenced Saber Ben Chouchane to death for engaging in peaceful expression on social media. This unprecedented ruling not only reveals the lengths to which the Tunisian government will go to suppress dissent but also casts a dark shadow over the country’s commitment to civil liberties and human rights. While Ben Chouchane was granted a presidential pardon shortly after the sentence was handed down, the chilling implications of this ruling echo far beyond one individual’s fate.
Ben Chouchane, a 51-year-old father of three, was arrested on January 22, 2024, as he made his way to a medical appointment. His subsequent trial culminated in a shocking death sentence delivered by the Nabeul Court of First Instance on October 1, 2025. The charges against him included “insulting the president” and “spreading fake news,” accusations that stemmed from innocuous Facebook posts expressing dissent against the current regime. His conviction ignited public outrage across Tunisia, leading to a swift presidential pardon just days later—a move that underscores the absurdity of the sentence and the government’s awareness of its own overreach.
Bassam Khawaja, a representative of Human Rights Watch, aptly articulated the gravity of the situation: “The authorities’ crackdown on free speech has reached an unprecedented peak.” This sentiment reverberates across the country, where fear has begun to replace the once-vibrant discourse that characterized the post-revolutionary era. The death penalty for peaceful expression is not only grotesque; it sends shockwaves through society, instilling a paralyzing fear in those who dare to voice their discontent.
Ben Chouchane’s case is emblematic of a broader, systemic issue in Tunisia. Following President Kais Saied’s power grab in July 2021, the government has ramped up its campaign against dissent, criminalizing free speech and intimidating anyone who dares challenge the status quo. The authorities have weaponized the judiciary to suppress opposition, subjecting activists, journalists, and ordinary citizens to arbitrary detention and draconian penalties.
The Tunisian penal code’s article 72, which stipulates the death penalty for “attempting to change the form of government,” is a glaring example of how laws can be manipulated to silence dissent. It is chilling to consider that Ben Chouchane’s mere act of advocating for political prisoners and protesting against governmental injustices could lead to such a severe punishment. His conviction under article 67 and Decree-Law 54 on Cybercrime, which targets “fake news,” further illustrates the regime’s willingness to pervert the law to maintain its grip on power.
The Tunisian people’s struggle for freedom is deeply intertwined with their right to express themselves. The government’s ongoing repression is not an isolated phenomenon but rather part of a larger pattern of authoritarianism sweeping through regions once heralded for their democratic aspirations. By leveraging the judiciary as a tool of oppression, the Tunisian government seeks to extinguish any flicker of resistance, aiming to create a culture of fear that stifles dissent before it can even emerge.
Despite a de facto moratorium on executions since 1991, the fact that Tunisian courts continue to issue death sentences is alarming. As of 2024, there were over 148 individuals living under the looming threat of execution, a stark reminder that the state’s capacity for cruelty remains intact. Human Rights Watch has been vocal in its opposition to capital punishment, rightly condemning it as a unique form of inhumanity that is riddled with arbitrariness and error.
Tunisia’s obligations under international human rights law, as outlined in the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, demand a robust protection of civil liberties. These treaties guarantee not only the right to free expression but also protection against arbitrary detention and a fair trial. Yet, the current trajectory of the Tunisian government starkly contradicts these commitments.
Khawaja’s assertion that Ben Chouchane’s sentence “serves to discredit the judiciary” is spot on. The rapid pardon that followed such a shocking ruling reveals the judiciary’s disconnection from the moral and legal framework it is meant to uphold. It also highlights the urgent need for accountability and reform within Tunisia’s legal system, which has clearly become a puppet of political interests rather than a guardian of justice.
The case of Saber Ben Chouchane serves as a rallying cry for activists, journalists, and citizens alike. It represents a critical moment in Tunisia’s ongoing struggle for democracy and human rights. The international community must not turn a blind eye to the growing repression in Tunisia; it must condemn these actions unequivocally and demand accountability from a government that increasingly resembles the oppressive regimes of the past.
As we stand at this crossroads, it is essential to remember that the fight for freedom of expression is not just a Tunisian issue; it is a global one. The voices of dissent must not be silenced, for in their silence lies the death of democracy. Tunisia’s journey toward true freedom hinges on the courage of its citizens to speak out and the resolve of the international community to stand with them.
This article highlights the importance of ON FREE EXPRESSION.
