International scholar network asks ministers to act on trial of professor

An international scholar rescue network has intervened in the case of a professor who appeared in court on Thursday charged with “violence perpetrated by a civil servant in the course of his duties” under Article 101 of the Penal Law.

The charge carries a possible punishment of five years’ imprisonment.

The Scholars at Risk network has written to the ministers of justice and higher education in Tunisia, urging them to ensure that the case is dropped against Dr Habib Kazdaghli, professor of contemporary history and dean of the faculty of letters, arts and humanities (FLAH) at the University of Manouba.

In an open letter to Minister of Justice Noureddine Bhiri and Minister of Higher Education and Scientific Research Moncef Ben Salem, Robert Quinn, executive director of the Scholars at Risk (SAR) network, based in New York, said:

“We are gravely concerned that the prosecution of Dean Kazdaghli represents not only an improper legal proceeding against a higher education leader performing his official functions, but also a serious threat to the autonomy and safety of higher education institutions and personnel in Tunisia.”

In the letter Quinn said SAR understands that the charges arise from an incident on 6 March 2012, after a period of prolonged unrest at the faculty that included the forced closure of the campus and cancellation of classes for extended periods.

On that day two students, who have been linked to individuals that had previously forced the closure of the campus, forcibly and without permission entered the dean’s office and while there disrupted papers and other items in the office, throwing them to the floor.

This was reportedly witnessed by the dean and another staff member, and several days later a complaint was lodged in the court system about at least one of the students related to trespass and physical disruption of the office.

It was reportedly the fifth in a series of claims of trespassing, vandalising or damaging property, and-or obstructing or intimidating staff, students or others at the Manouba campus between December 2011 and March 2012, all of which remain pending.

Two weeks after the incident one of the students who had forcibly entered the dean’s office lodged a complaint under Article 319 of the Penal Law, with a possible punishment of 15 days’ imprisonment, for assaults or physical disputes that do not have significant or permanent impact.

The dean emphatically denies the allegations. He appeared in court on 5 July 2012 prepared to defend himself against them, and again on Thursday.

Only at that time, and despite the failure of the student to appear, the charges were inexplicably upgraded under Article 101, with the case then adjourned to October.

Based on information provided to SAR and information he was able to gather during a visit to Tunisia in June, Quinn said SAR was gravely concerned that the prosecution of Kazdaghli represented not only an “improper legal proceeding” against a higher education leader performing his official functions, but also a “serious threat to the autonomy and safety of higher education institutions and personnel in Tunisia”.

Quinn said the dean’s witness had corroborated his version of the events that no assault took place and it was the students who disrupted the office.

SAR, an international network of 300 higher education institutions in 34 countries dedicated to promoting academic freedom, asked for all charges to be dropped against Kazdaghli or at least for assurances that any proceedings be conducted with strict adherence to internationally recognised standards of due process and fair trial procedures, as guaranteed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, to which Tunisia is signatory.

It also said intervention was needed to defend the institutional autonomy of the university, which Kazdaghli had been defending over several months. Recognising and defending the autonomy of institutions is crucial to achieving high quality higher education, SAR said.

It was particularly important, at this time of transition in Tunisia, that the ministries of justice and higher education defend universities and their staff against “abusive proceedings” as well as the types of physical intimidation experienced at FLAH.

Quinn said: “We urge you to intervene in this matter, not only to ensure the dropping of charges against Dean Kazdaghli, but to send an unambiguous, public message that the Tunisian state will protect its higher education institutions and personnel, and in so doing the space for free inquiry and expression, teaching, research and publication, against threats from any source.”

However, on Thursday the charges were not dropped. The dean attended court and gave his version of events. The two girls, who did not attend the earlier hearing, appeared and asked to give their version of events. The case was adjourned until 15 November, when the lawyers are expected to present their arguments.