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Stop Targeting the Tunisian Judges Association: The Palace of Justice Is Not a Political Arena

Since the dissolution of the Supreme Judicial Council in February 2022 and the arbitrary dismissal of 49 judges, the judicial system has been subjected to continuous targeting and unprecedented attempts to subjugate it to work under the orders of the executive.

The Freedom for Tunisia Observatory calls on the Tunisian authorities to stop undermining the constitutional and legal guarantees of the independence of the judiciary, following the serious incident that occurred on Saturday, January 18, 2025, at the headquarters of the Tunisian Judges Association.

According to a statement by the Tunisian Judges Association, the first assistant to the public prosecutor at the Tunis Court of First Instance stormed the Association’s headquarters, accompanied by a security officer, demanding the immediate evacuation of the headquarters during a meeting of the Association’s executive office. This attack is a flagrant violation of the judges’ rights to organize and express themselves, and represents a direct threat to the independence of the judiciary and to the pivotal role it plays in protecting rights and freedoms.

The Observatory strongly condemns this attack and expresses its deep concern about:

  1. Violation of the right of judges to assemble and organize: The incident sets a dangerous precedent in targeting judges and restricting their role in defending the basic guarantees of the independence of the judiciary.
  2. Increasing executive pressure on the judiciary: The executive authority’s persistence in targeting judges and their representative bodies threatens the rule of law and undermines confidence in institutions.
  3. Involvement of some judicial officials: We strongly condemn the acceptance by some judicial officials (such as the public prosecutor and his assistant) of being tools for implementing policies that undermine the independence of the judiciary, which harms the image of the Tunisian judiciary and increases the risk of its subordination to the executive.

The Observatory calls on the Tunisian authorities to:

  1. Immediately cease all interference in the affairs of the judiciary and abide by the constitutional guarantees that protect its independence and structures.
  2. Adhere to the international standards signed by Tunisia, including the UN Basic Principles on the Independence of the Judiciary and the conventions related to freedom of association.
  3. Protecting judges and putting an end to all forms of pressure and intimidation directed against them, away from all political pressures.

The Observatory also urges the international community and human rights organizations to intensify efforts to follow up on this dangerous escalation against the judiciary, and to confront attempts to undermine the rule of law.

We stress that any infringement on the independence of the judiciary poses a threat to fundamental freedoms, and we affirm our commitment to continue defending the independence of the judiciary and working with all national and international partners to protect democracy and justice.

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Call to Action

Website petition: Freedom for prisoners of conscience and activists in Tunisia!

Tunisia is no longer the Arab exception that inspired the world in 2011 with a heroic revolution that overthrew the rule of Zine El Abidine Ben Ali, who ruled for nearly 23 years after seizing power on November 7, 1987, in a coup against Habib Bourguiba.

In a similar and perhaps more dangerous move, on the night of July 25, 2021, Tunisian President Kais Saied carried out a “constitutional coup” in accordance with his personal interpretation of Article 80 of the 2014 Revolutionary Constitution, announcing that he had taken a set of exceptional measures due to the “imminent danger” that threatens Tunisia without providing any details or reasons.

In accordance with these measures, Saied dismissed the government and the prime minister Hichem Mechichi who was present at the National Security Council that night at the Carthage Palace, and claimed that he had contacted the Speaker of Parliament Rached Ghannouchi (leader of the Ennahdha party) to consult with him in accordance with what is stipulated by the constitution, a claim which Ghannouchi denied since the call was general and did not include anything about exceptional measures or any consultation on the matter. The president suspended Parliament and later dissolved it in March 2022.

Not only did Saied seek to bypass his powers and the articles of the Constitution, which he swore to protect before the Assembly of the Representatives of the People, but he went on to dismiss and change the composition of the Supreme Judicial Council after redefining the judiciary it as a “function” rather than an independent authority. He further replaced members of the Supreme Electoral Commission in preparation for the referendum he held in order to vote on a constitution that he wrote himself after dismissing the proposals of the drafting committee he had himself appointed. Then legislative elections were held over two rounds, in which the participation rate did not exceed 8% of the total number of voters, with the Election Commission later announcing that it had reached 11%, which is the lowest participation rate in Tunisia and globally.

On February 11, President Saied’s regime launched a campaign of protests that has not stopped since, against political leaders, media figures, journalists, judges and senior officials and civil servants, for charges of “conspiring against the security of the state and committing an offensive act against the President of the Republic,” in addition to other charges that were referred to the military prosecution, leading one to wonder about the implication of the Tunisian army in the actions taken by Saied.

The arbitrary arrests were marred by several procedural violations amid criticism from prominent international organizations and observatories in the field of human rights. The standards of litigation and detention period and conditions were not respected. Prosecution and harassment sometimes extended to the detainees’ families, and no evidence, and in many cases, no charges against them were presented.

Moreover trade unions and political parties continue to be subjected to constant harassment and restrictions. Saied continues to target all “intermediary bodies” accusing them of “collaboration” or “treason”. Civil society associations have also been subjected to prosecution, arbitrary arrests and deprivation from representation, in a context of of increasing violence in society due to the authorities’ adoption of racist and discriminatory speeches and rhetoric inciting infighting and violating human dignity.

In light of the above, we, the undersigned, demand the following:

Call for the immediate release of all political detainees, immediately and unconditionally. We also urge the Tunisian authorities to recognize the national and the international human rights treaties they have ratified.
Call on the Tunisian authorities to stop dismantling the nascent democracy and put an end to unfair trials and prosecutions against political opponents of the regime and anyone who criticises it.
Call on all activists and observers to join the national movement for restoring democracy and ending authoritarian rule that has taken Tunisia back to despotism, injustice, and violations of rights and freedoms.