Algerian human rights lawyer Mounir Gharbi sentenced for his posts on social media
Name(s):
Mounir Gharbi
Status:
Free
Year of birth:
1978
Profession:
Human rights lawyer
Nationality:
Algerian
Mounir Gharbi is a member of the National Committee for the Liberation of Detainees. He faced legal proceedings for publishing comments on Facebook on April 6, 2022, regarding the announcement of the death and arrest of Madani Lslous during an anti-terrorism operation. On February 16, 2025, Gharbi was sentenced in absentia to three years in prison, including a one-year suspended sentence for “publicly displaying publications likely to harm the national interest" and " insulting a constituted authority." He is also currently prosecuted under the Penal Code for "insults and violence against public officials and state institutions" for delivering a plea on September 14, 2020, in which he called for the respect of the fundamental rights of prisoners of conscience he was defending.
Mounir Gharbi is a lawyer and a member of the National Committee for the Liberation of Detainees, established in 2019 during the Hirak movement to advocate for the release of political and conscience prisoners.
Gharbi is facing two legal proceedings, one related to comments posted on Facebook, and the other concerning the content of a 2020 plea pronounced in the courtroom in which he defended the fundamental rights of the prisoners of conscience he represented.
On April 6, 2022, Gharbi shared two Facebook posts in which he expressed his opinion regarding the authorities’ announcement of the death of Madani Lslous in 2020 and his arrest in 2022. Both events were widely reported in national and international media, including Algeria’s state-owned news agency, Algeria Press Service.
On May 30, 2022, Gharbi was summoned by the judicial police of the Setif Wilaya Security Directorate, where he was questioned about the content of his April 6, 2022 Facebook posts.
On February 16, 2025, the Setif court sentenced Gharbi in absentia to three years in prison, including a one-year prison sentence, and a fine of 200,000 dinars, for the charges of “displaying publications to the public that could harm the national interest” and “contempt of constituted authority,” under aArticles 96 and 146 of the Penal Code.
On December 3, 2024, in connection with a second case linked to the practice of his legal profession, Gharbi was questioned by the investigating judge at the Bordj Bou Arreridj court. He was interrogated about a plea he delivered on September 14, 2020, in support of the fundamental rights of prisoners of conscience. He had been charged the same day with “insulting and assaulting public officials and state institutions,” under articles 144, 146, and 147 of the Penal Code.
On June 16, 2022, Gharbi submitted a request to be accredited before the Supreme Court and the Council of State to the President of the Setif Bar Association. The request was approved by the President of the Bar and forwarded to the Minister of Justice the same day. To date, he has received no response, even though several of his colleagues who submitted similar requests at later dates have already been informed of the authorities’ decision.
In its 2018 Concluding observations on Algeria’s periodic report, the UN Human Rights Committee expressed concern over the use of articles 96, 144, and 146 of the Penal Code which, according to the Committee, “continue to criminalize activities linked to the exercise of freedom of expression, in order to hinder the work of human rights defenders.”
Stating that the proceedings against Gharbi violate his right to freedom of expression as protected under article 19 of the International Covenant on Civil and Political Rights (ICCPR), and that the second case is directly linked to the exercise of his profession as a lawyer, MENA Rights Group submitted an urgent appeal on March 31, 2025, to several UN Special Procedures mandate holders, including the Special Rapporteurs on the independence of judges and lawyers and on freedom of opinion and expression.
| Name(s): |
Mounir Gharbi
|
| Status: |
Free
|
| Year of birth: |
1978
|
| Profession: |
Human rights lawyer
|
| Nationality: |
Algerian
|
Mounir Gharbi is a lawyer and a member of the National Committee for the Liberation of Detainees, established in 2019 during the Hirak movement to advocate for the release of political and conscience prisoners.
Gharbi is facing two legal proceedings, one related to comments posted on Facebook, and the other concerning the content of a 2020 plea pronounced in the courtroom in which he defended the fundamental rights of the prisoners of conscience he represented.
On April 6, 2022, Gharbi shared two Facebook posts in which he expressed his opinion regarding the authorities’ announcement of the death of Madani Lslous in 2020 and his arrest in 2022. Both events were widely reported in national and international media, including Algeria’s state-owned news agency, Algeria Press Service.
On May 30, 2022, Gharbi was summoned by the judicial police of the Setif Wilaya Security Directorate, where he was questioned about the content of his April 6, 2022 Facebook posts.
On February 16, 2025, the Setif court sentenced Gharbi in absentia to three years in prison, including a one-year prison sentence, and a fine of 200,000 dinars, for the charges of “displaying publications to the public that could harm the national interest” and “contempt of constituted authority,” under aArticles 96 and 146 of the Penal Code.
On December 3, 2024, in connection with a second case linked to the practice of his legal profession, Gharbi was questioned by the investigating judge at the Bordj Bou Arreridj court. He was interrogated about a plea he delivered on September 14, 2020, in support of the fundamental rights of prisoners of conscience. He had been charged the same day with “insulting and assaulting public officials and state institutions,” under articles 144, 146, and 147 of the Penal Code.
On June 16, 2022, Gharbi submitted a request to be accredited before the Supreme Court and the Council of State to the President of the Setif Bar Association. The request was approved by the President of the Bar and forwarded to the Minister of Justice the same day. To date, he has received no response, even though several of his colleagues who submitted similar requests at later dates have already been informed of the authorities’ decision.
In its 2018 Concluding observations on Algeria’s periodic report, the UN Human Rights Committee expressed concern over the use of articles 96, 144, and 146 of the Penal Code which, according to the Committee, “continue to criminalize activities linked to the exercise of freedom of expression, in order to hinder the work of human rights defenders.”
Stating that the proceedings against Gharbi violate his right to freedom of expression as protected under article 19 of the International Covenant on Civil and Political Rights (ICCPR), and that the second case is directly linked to the exercise of his profession as a lawyer, MENA Rights Group submitted an urgent appeal on March 31, 2025, to several UN Special Procedures mandate holders, including the Special Rapporteurs on the independence of judges and lawyers and on freedom of opinion and expression.
