Tunisia: Two years after the arbitrary dismissal of judges, the independence of the judiciary is facing grave danger.
Two years after the mass and arbitrary dismissal of 57 judges by President Kais Said on 1 June 2022, the independence of the judiciary in Tunisia remains severely threatened.
These dismissals, which were carried out without any solid judicial documents and fair judicial procedures, are a direct attack on the independence of the judiciary and a flagrant violation of the fundamental rights of judges. In August 2022, the president of the Administrative Court of Tunis issued a series of decisions suspending the implementation of the dismissal orders against 49 judges and demanded their reinstatement. This was because their dismissal was not based on any established facts or legal judgments and proceedings. Instead of complying with this decision, the Ministry of Justice filed criminal lawsuits against all the dismissed individuals, including the Judicial Pole for Combatting Terrorism, so as to try to justify their dismissal and forge malicious charges against them.
Despite the repeated calls to reinstate the dismissed judges and cancel arbitrary measures taken by President Kais Said against the judiciary, Tunisian authorities have not taken any concrete measures in this regard. On the contrary, they have continued to harass and intimidate judges, which led to restricting the space for freedom of expression and judicial independence. According to the Association of Tunisian Judges, in addition to its dominance over the movement of judges’ movements for the judicial year 2023-2024, which was announced on August 30, 2023, and included 1088 judges, the Minister of Justice issued work memoranda stipulating the appointment, transfer, and dismissal of 105 judges and prosecutors. The Association of Tunisian Judges insisted that some judges have been suspended from work with or without salary and outside of all disciplinary proceedings.
More than ever, after two years of arbitrary dismissal of judges, the justice system in Tunisia has been witnessing alarming indicators confirming the continuous targeting of judicial independence, especially with the escalating wave of arrests of journalists, lawyers, political opponents, activists, human rights defenders and users of social media during May 2024.
“Those who attack their country in the media (…) They cannot remain punished and irresponsible.” Stated President Kais Said during his meeting with the Minister of Justice on May 15, 2024.
The continuous and illegal interference of the executive authority in the judiciary has undermined the trust of citizens in the judicial institutions and hindered the right to a fair trial for all citizens.
Therefore, the undersigned organizations and associations emphasize one more time the danger of the deterioration of the rule of law and the restrictions on rights and freedoms in Tunisia. They call on the Tunisian authorities to:
- Immediate and unconditional reinstatement of all judges who were arbitrarily dismissed, in compliance with the decisions issued by the president of the Administrative Court of Tunis in August 2022.
- Abolish all the punitive measures taken against the judiciary and the cancellation of Decree No.11 of 2022 dated February 12, 2022, and amended by Decree No.35 of 2022 dated June 1, 2022.
- Immediately cease all hate speech and smear campaigns against judges, lawyers, and human rights advocates.
- Respect the independence of the judiciary and guarantee the right to a fair trial for all citizens per Tunisia’s international commitments.
Below are the signing associations:
- Tunisian Judges Association
- Tunisian League for Human Rights
- Tunisian Association of Democratic Women
- Tunisian Forum for Social and Economic Rights
- Amnesty International Tunisia
- Euro-Med Rights
- Tunisian Association for Individual Freedoms Defense
- Beity Association
- Lawyers Without Borders
- Committee for the Respect of Freedoms and Human Rights
- National Committee for Defending Freedoms and Democracy
- Legal Agenda Tunisia
- Aswat Nissa
- International Federation for Human Rights
- Intersection Association for Rights and Freedoms
- Albawasala Organization
- No Peace Without Justice
- Kalam Association
- Together for Citizenship and Change Association