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Censorship, Freedom of Expression, Free Speech, Right of Assembly Legislation/Cases/References


On 01 August 2012, a draft bill to was submitted to parliament that, if passed, would effectively punish remarks and words broadly deemed as insult or mocking the 'sanctity of religion' by a prison sentence of up to two years or a fine of 2000 dinars in fines (US$ 1,236, €1,006) to anyone convicted of violating “sacred values” and up to four years for repeat offences [R1.1].

R1.1 GayStarNews: Tunisia blasphemy bill threatens gays and free speech 11 AUG 12
Homosexuality, Sodomy Legislation/Cases/References


Consensual sex between same-sex couples is unlawful [R1.2]

Penal Code of 1913 (as modified) [R1.2].

Article 230. Sodomy, if it does not fit in the circumstances described in the preceding articles, shall be punished by imprisonment for three years. (Google translation)

Article 230. La sodomie, si elle ne rentre dans aucun des cas prévus aux articles précédents, est punie de l'emprisonnement pendant trois ans.

On 26 October 2011, Nahda party spokesman Riad Chaibi offered reassurances that the new leadership does not want to deprive citizens of individual freedoms, saying that "individual freedoms and human rights are enshrined principles" and that atheists and homosexuals are a reality in Tunisia and "have a right to exist." According to Chaibi, in the case of homosexuals there is also "a matter of dignity, because society sees them as undervalued" [R1.1].


Courts & Tribunals

On 5 November 2015, 22-year old student Marwan was released on appeal on bail of 500 dinars (230 euros). His phone number was found on the body of a murder victim he confessed to having had sex with. Cleared of suspicion of murder, he was sentenced to a year in jail for gay sex [R2.3].

On 22 September 2015, it was reported that a court had sentenced a 22-year-old student to a year behind bars on charges of homosexuality after his having admitted to having had sexual relations with the victim of a murder. The student's telephone number was found on the murder victim [R2.2].

On 04 February 2015, a 50-year-old Swedish man was convicted of taking part in homosexual acts and sentenced to two years in prison. In Tunisia, sexual intercourse between people of the same sex can be punishable by three years in prison [R2.1].

R1.2 ILGA: State-Sponsored Homophobia 380.51kb, PDF 380.51kb, 13 MAY 11
R1.1 ThinkProgress LGBT: New Tunisian Government Promises 'Dignity' For Gays 26 OCT 11
R2.3 GayStarNews: Tunisia student jailed for gay sex released after international outcry 06 NOV 15
R2.2 Vanguard: Tunisian student gets year in jail for 'homosexuality' 24 SEP 15
R2.1 RadioSweden: Swedish man to serve jail time for homosexuality 07 FEB 15

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