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Zouhair Yahyaoui (pen name "Ettounsi", "the Tunisian") is a graduate in economic sciences and Internet journalist. He founded Internet site TUNeZINE.com shortly after his graduation from college, to disseminate information concerning the struggle for democracy in Tunisia and to publish opposition material.
What began as a one-man operation expanded to a nucleus of five people. The e-magazine ran scathing reports of human rights violations in Tunisia, critiques of the fifteen-year-long regime of President Zine al-Abidine Ben Ali, challenges to the tourism industry and discussion boards for visitors. TUNeZINE rapidly became one of the most popular virtual spaces in Tunisia, and Yahyaoui became famous in July of 2001 when he was the first to diffuse over his website an open letter that his uncle, Judge Mokhtar Yahyaoui, had addressed to President Ben Ali denouncing the total lack of independence accorded to the judiciary in Tunisia. One of his friends has been quoted as saying of him: "he has chosen his own way in life and does not hide himself away. He talks big, both at home and in public. He talks loudly sometimes, and allows himself to say what others only think… He is a national treasure, and a force for international understanding."
Yahyaoui has been the subject of government censorship since the founding of TUNeZINE in July 2001. This constant threat has forced him to be creative in maintaining public access to the website. For example, government attempts to block site access in Tunisia have been circumvented by providing proxy websites each week.
Case history:
On June 4, 2000, not long after his lively magazine invited readers to
vote on whether Tunisia was a "republic, a kingdom, a zoo or a prison," Yahyaoui was
arrested at a Tunis cybercafé by six plainclothes police officers who
did not have an arrest warrant. Upon his arrest, he was not informed of
the charges levied against him and was prohibited from speaking with any
of the 20 lawyers that stepped forward to represent him in court.
His lawyers were also not allowed access to his file in preparation for the trial.
The police officers who arrested him accompanied him home,
searched it without a warrant, and confiscated his personal computer files before
taking him into custody.
His whereabouts were unknown for the five following days. During this time, he has reported that he was subjected to three sessions of "suspension," a method of torture whereby the victim is suspended by his arms with his feet barely touching the ground. After the third session, he revealed his website's access code, allowing the Tunisian authorities to remove tunezine.com from the Internet.
Yahyaoui was initially charged with "publishing information known to be untrue" under article 309 of the Tunisian Penal Code. He was later sentenced to one year for "propagation of false news," and a further year and four months for non-authorized usage of an Internet connection" and "theft from an employer." on June 20, 2002 by the Tribunal de Première Instance in Tunis. Yahyaoui did not attend this hearing, declaring that he "did not trust a justice that followed orders [from above]."
Current status:
Yahyaoui was re-tried on July 3, 2002. On July 10, his sentence was reduced on
appeal from twenty-eight months to two years. He is now said to be in a prison
some 28 kilometers from Tunis.
Since Mr. Yahyaoui's incarceration, he has endured appalling prison conditions and ill treatment. It is reported that in September 2002, Mr. Yahyaoui began suffering from acute kidney problems. When he refused to take an undisclosed medicine to ease his kidney pains, two guards reportedly assaulted him, injuring his back. He was eventually admitted to hospital on September 13, 2002 for a brief period. Mr. Yahyaoui's cell is infested with cockroaches and he suffers from scabies as a direct result of squalid living conditions and infrequent access to water. Mr. Yahyaoui has gone on several hunger strikes to protest the intolerable detention conditions that he suffers.
TUNeZINE has been reinstated by his colleague and fiancée, Sophie Elwarda as a campaign springboard for his release. She reports being extremely worried about the conditions of his captivity. Family members are only permitted one visit a week, and any nutritious food they bring with them is confiscated.
Zouhair Yahyaoui is also an Honorary Member of the English PEN Center.
He is one of the 2003 recipients
of the PEN/Barbara Goldsmith Freedom to Write Award.
PEN considers Zouhair Yahyaoui to be detained in violation of his right
to freedom of expression and association as guaranteed by Articles 19 and
22 of the United Nations Universal Declaration of Human Rights, and is
calling for his immediate and unconditional release.