Intersection Association for Rights and Freedoms is following the ruling issued by the Criminal Chamber of the Court of Appeal in Tunis, which upheld the lower court’s judgment sentencing the President of the Tunisian Judges Association, Anas Hmaidi, to one year in prison on charges of “obstructing the freedom to work,” under Article 136 of the Tunisian Penal Code, with immediate enforcement of the sentence.
The case stems from an urgent hearing held at the Court of First Instance in Monastir on 13 June 2022, during which Anas Hamaidi, in his capacity as a judge and President of the Tunisian Judges Association, took part in protest actions organized by the Association in opposition to the arbitrary dismissal of judges. He was subsequently accused of obstructing the conduct of that court hearing.
In light of these facts, the Intersection Association recalls that Hmaidi’s actions fell within the legitimate exercise of his right to defend judicial independence and engage in trade union activity. The Association considers this legal proceeding an infringement of judges’ trade union rights and part of an ongoing effort to harass members of the judiciary and create a climate of fear and intimidation.
The Association further believes that this ruling represents another step in a broader pattern of undermining judicial independence and criminalizing legitimate trade union activity. It argues that this prosecution cannot be viewed in isolation from the wider context of increasing pressure on independent judges in Tunisia, the targeting of the Tunisian Judges Association through its president, and the various restrictions imposed on the Association’s activities.
According to Intersection, prosecuting the President of the Tunisian Judges Association because of his legitimate trade union activities constitutes a clear violation of the right to freedom of association and poses a direct threat to the independence of the judiciary, thereby undermining the fundamental guarantees necessary for an independent and impartial judicial system.
Accordingly, the Association calls for all charges against Anas Hmaidi to be dropped and for an end to all retaliatory prosecutions targeting judges. It also urges the Tunisian authorities to guarantee judges’ right to carry out their professional and trade union activities freely and safely, and to cease targeting the Tunisian Judges Association and human rights organizations that defend judicial independence in Tunisia.
Finally, the Association reiterates its full solidarity with Anas Hmaidi and calls on all components of civil society and democratic forces committed to judicial independence to stand united against what it describes as the instrumentalization of the judiciary, while defending the guarantees of a fair trial and protecting fundamental rights and freedoms in a manner that strengthens the rule of law and upholds the independence of the judiciary.
