Tunisian military court postpones trial of ex-media advisor

Ayoub Massoudi (C) Tunis – Nabil Zaghdoud The permanent military tribunal of Tunis has postponed the case against former media advisor to the Tunisian President Moncef Marzouki, Ayoub Massoudi, to August 30. The move was reportedly to engender a "confrontation" between the head of the three armies, plaintiff Gen Rashid Ammar, Massoudi, the defendant.
"My case is political, and the war will last long," said Massoudi, while his lawyer Abdul Nasser Uwaini backed his statement by saying it was "very sound words and not considered a crime to say."
The military investigations judge listened for seven hours to Massoudi who is accused of "insulting the army, and offending the prestige of the military," pursuant to Chapter 91 of military law, and "charging a public official with fabricated matters", as per Chapter 128 of the criminal code.
Massoudi mey be sentenced to up to five years in prison.
The trial was attended by more than 15 lawyers who volunteered to defend the former spin doctor, most notably human rights activists Radhia Nasraoui and Charafeddine Kalil (the lawyer to the families of revolutionary victims).
The defence team confirmed that the process of interrogation took place in "friendly conditions".
Immediately after he exited the courtroom, the former adviser to Marzouki said:  “My case is political, and the war will last long," saying he was willing to fight so that “everyone should bear their responsibility in order to discover the truth."
"The decision to ban me from traveling and my trial will not prevent me from continuing the struggle, and move forward in order to uncover the truth," he added.
One of Massoudi’s defence lawyers, Abdel Nasser Uwaini, told Arabstoday: “The statements made by Ayoub Massoudi are very sound and are not considered as a crime," adding: "We are still limited in the confrontation box between the culture of freedom and the culture of tyranny. The military should reconsider dealing with press statements and criticism, because there is no institution that can't be criticised. "
Rights campaigner Radhia Nasraoui said Massoudi's case needed to be transferred to a civilian court, as his charges came under press law, indicating that military courts "could not be neutral because it is part of the military establishment".
Human Rights Watch said on Wednesday that the charges against Massoudi violated his right to freedom of expression, which is provided by Article 19 of the International Covenant on Civil and Political Rights, of which Tunisia is a signatory.
It called, in a statement, to drop the charges of criticism against the army, and stop trying civilians before military courts. It also said to revise chapters in Tunisian law which give military courts the right to try civilians.
The rights group said Massoudi’s trial before a military court was a violation of his right to a fair trial, citing Tunisia's supposed reputation of granting considerable power to military courts and their jurisdiction.
HRW's Deputy Executive Director of the Middle East and North Africa, Eric Goldstein, said "The right to hold government officials to scrutiny and criticism is a basic element of freedom of expression, and a hallmark of democracy, and a need to promote discussion about public interest", adding:  "there must be no place for such charges and laws in a democratic Tunisia that respects human rights.”
Ayoub Massoudi resigned from his position as an advisor to Marzouki after Tunisia handed over Libya's former prime minister, Baghdadi Mahmoudi, to the Libyan authorities upon a decision by Tunisian Prime Minister Hamadi Jebali.
Massoudi said in a press statement that Defence Minister Abdul-Karim al-Zubaidi and the commander of the armed forces, General Rashid Ammar, breached their duties when they did not inform the President, the Supreme Commander of the Armed Forces, of the extradition process in time, and accused them of "betraying the country", and "betraying the President of the Republic".
On August 17, Massoudi discovered during his way to Paris, that the military court had issued a travel ban against him.