You can access the report via this link: In the Name of the People The Dismantling of Judicial Independence in Tunisia after 25 July 2021

Intersection Association for Rights and Freedoms released on Tuesday, 28 July 2026,  its newest report titled: “In the Name of the People: The Dismantling of Judicial Independence in Tunisia after 25 July 2021″, that documents the state of the judiciary in Tunisia amid the political and institutional transformations that followed 25 July 2021. It examines the various measures and actions that have affected judicial independence and the constitutional and legal safeguards established to protect it, reshaping the relationship between the executive and judicial branches in a way that has limited the judiciary’s role as an independent authority responsible for safeguarding rights and freedoms.

The report examines the various forms of restrictions and violations targeting judges in recent years, including arbitrary transfers, disciplinary measures, judicial prosecutions, and restrictions imposed on their trade union and professional activities. It also documents smear campaigns, incitement, and media targeting directed against a number of judges.

The report further documents cases of arrest and detention of judges due to their exercise of legitimate rights, as well as the violations accompanying these arrests, including infringements of fundamental safeguards and due process guarantees. It also highlights the cumulative impact of these practices in creating a climate of intimidation and pressure within the judiciary, undermining judges’ independence and limiting their ability to perform their duties freely and independently.

The report also highlights the systematic restrictions imposed on the Tunisian Association of Judges, including the obstruction of its activities and the judicial prosecution of its president. These measures reflect a broader targeting of independent professional structures and an undermining of their role in defending the independence of the judiciary and the rule of law.

It documents the key milestones that reshaped the relationship between the executive and judicial branches, beginning with the dissolution of the Supreme Judicial Council and its replacement by a temporary council appointed by the executive authority. It then examines the adoption of Decree-Law No. 35 of 2022, which led to the issuance of Presidential Order No. 516 dismissing 57 judges in a single decision. The report further addresses the various forms of restrictions imposed on judges in recent years, including arbitrary transfers, disciplinary measures, judicial prosecutions, restrictions on professional and trade union activities, as well as smear campaigns and targeting through media platforms.

The report also addresses the rise in politically motivated trials involving a number of judges, particularly in connection with their exercise of their right to freedom of expression or participation in public affairs. It analyzes the extent to which these proceedings have respected the fundamental guarantees of a fair trial in accordance with the Tunisian Constitution and Tunisia’s international obligations.

The report further examines the implications of these developments for the rule of law and for citizens’ right to access an independent and impartial judiciary, as the primary safeguard for the protection of rights and freedoms.

The report concludes that the developments affecting the judiciary since 2021 cannot be simply viewed as an intervention disguised as reforms or temporary exceptional measures. Rather, they form part of a declining trajectory that has weakened the institutional safeguards of judicial independence and strengthened the judiciary’s dependence on the executive authority. This has negatively affected the judiciary’s ability to fulfil its role as a guarantor of rights and freedoms and as a defender of the principles of the rule of law.

The report concludes with a series of recommendations:

-The immediate termination of all forms of executive interference in judges’ affairs, including dismissals, transfers, and disciplinary measures, and the repeal of the decrees and orders issued since 2021 that established the executive authority’s dominance over the Supreme Judicial Council, as they represent a violation of the principle of the separation of powers.

-The immediate and binding compliance with the rulings of the Administrative Court, particularly those concerning the suspension of arbitrary dismissal decisions and the reinstatement of judges to their positions, in order to restore the authority of judicial decisions and uphold the rule of law, which has been seriously undermined in recent years.

-The cessation of smear campaigns, defamation, and public incitement against judges by state officials or media outlets aligned with the authorities, and the guarantee of their physical and psychological safety in accordance with international standards, particularly the United Nations Basic Principles on the Independence of the Judiciary.

-The revision of the new regulatory framework governing the Supreme Judicial Council to ensure its full independence from the executive authority, establish a clear separation between executive and judicial functions, and rebuild public confidence in the judicial system.

-Ensuring the provision of a safe and transparent judicial environment that allows judges to carry out their work without political or security pressures, particularly in cases related to public affairs, rights, and freedoms.

-Strengthening independent monitoring and documentation mechanisms for violations committed against judges, and developing accurate databases that help identify patterns of targeting and establish responsibility.

-Unifying professional and human rights efforts at the national level to counter policies aimed at subordinating the judiciary to the executive authority, and reaffirming that judicial independence is not a privilege for judges, but an inherent right of citizens.

-Activating strategic litigation at the national and international levels to address impunity for violations committed against judges, including arbitrary detention, ill-treatment, torture, and attempts at moral coercion.

-Enhancing public awareness of the importance of judicial independence in protecting rights and freedoms and ensuring justice, particularly following the decline in confidence in state institutions after the measures of 25 July 2021.

-Calling on the Special Rapporteur on the Independence of Judges and Lawyers to conduct an urgent official visit to Tunisia to assess the situation on the ground and document the impact of the restructuring of the judiciary after 2021 on the guarantees required for the administration of justice.

-Encouraging follow-up mechanisms within the Human Rights Council to include this issue in their periodic reports on the human rights situation in Tunisia and to advocate for greater transparency and accountability.

You can access the report via this link: In the Name of the People The Dismantling of Judicial Independence in Tunisia after 25 July 2021