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Jurist Rights group calls on Tunisia to stop harassment of judges exercising right to expression

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Dadparvar

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Nov 11, 2016
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Amnesty International on Thursday called on Tunisian authorities to cease their persecution of judges, such as Judge Anas Hmedi, who have spoken out against the government of Kais Saied’s attacks on judicial independence in the country.

In highlighting the harshness of the situation against judicial figures in Tunisia, Sara Hashash, Deputy Regional Director for the Middle East and North Africa at Amnesty International, urged:

Judges must be able, individually and collectively, to participate in public debate on the organization, functioning, and independence of the judiciary without fear of intimidation, harassment, or criminal prosecution. The authorities must immediately drop all charges against Judge Anas Hmedi since they stem solely from the peaceful exercise of his human rights.
Hmedi, a judge at the Monastir Court of Appeal and president of the Tunisian Judges Association, is currently facing trial over what Amnesty International called “unfounded obstruction charges” related to freedom to work, scheduled to take place on March 26, 2026. This development is the latest in a string of criminal proceedings against him since 2022, in which he participated in the Association of Tunisian Magistrates (AMT)’s organization of a nationwide judicial strike in response to President Saied’s dismissal of 57 judges and prosecutors. Despite Article 36 of the Tunisian Constitution affording judges the right to strike, Judge Hmedi was still accused of inciting judges to join the strike and ‘disrupting the freedom of work,’ contrary to Article 136 of the Penal Code.

Additionally, Judge Hmedi was denied his right to a fair trial when the case was repeatedly transferred during the investigative stage, before he was referred to trial without being interrogated by the judge, a clear contravention of Article 14 of the International Covenant on Civil and Political Rights (ICCPR). The AMT has received two warnings from authorities claiming that the association did not comply with certain provisions of the Association Law Decree 88, which is the landmark legislation guaranteeing the right to establish associations. AMT has cemented its position in the country as providing checks and balances on the executive wing of government, such as its advocacy back in 2013 when it partnered with the Union of Tunisian Judges to conduct strikes against the politicization of the judiciary.

Although AMT has provided documentation to prove that it was operating within the ambit of the law, the authorities’ relentless institution of criminal proceedings against the organization casts a shadow of doubt on its future. Judges are entitled to freedom of expression, and this forms the spirit of the UN Basic Principles on the Independence of the Judiciary.

President Saied’s oppression of the judiciary is part of a broader scheme of subordination, where judges were purged in February 2022, and the 2014 constitution was replaced with one that empowered him to appoint high court judges, forcing the remaining judges to choose between aligning themselves with his agenda or facing arbitrary justice.

The post Rights group calls on Tunisia to stop harassment of judges exercising right to expression appeared first on JURIST - News.

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