Amid increasing concerns over the erosion of judicial independence in Tunisia, Amnesty International has called on the authorities to halt the harassment of judges, specifically targeting Judge Anas Hmedi. Hmedi, a prominent figure in the judiciary, has been a vocal critic of Tunisian President Kais Saied’s measures that allegedly undermine judicial autonomy. This call for action underscores ongoing tensions surrounding judicial freedom in the country as vividly illustrated in this report.
Judge Hmedi faces legal proceedings over what Amnesty International describes as “unfounded obstruction charges” connected to his involvement in organizing a judicial strike. The strike was sparked by President Saied’s dismissal of 57 judges and prosecutors, despite the fact that Article 36 of the Tunisian Constitution grants judges the right to strike. The charges against Hmedi are for allegedly inciting fellow judges to participate in the strike, which is seen as disrupting freedom of work, an act prohibited by Article 136 of the Penal Code.
The pressures on Hmedi also extend to procedural concerns. During the investigative phase, his right to a fair trial was reportedly compromised, as the case was transferred multiple times before being brought to trial without any interrogation. This stands in violation of Article 14 of the International Covenant on Civil and Political Rights, raising further questions about judicial fairness.
The Tunisian Judges Association (AMT), with Hmedi at its helm, finds itself in a precarious position. The association has been a critical voice against the government’s attempts to control the judiciary. In 2013, it joined forces with the Union of Tunisian Judges to combat the politicization of judiciary affairs. The AMT has faced warnings from the government regarding alleged non-compliance with Association Law Decree 88, although the organization insists on its adherence to legal requirements. The repeated criminal proceedings against the AMT highlight the increasing threat to its activities and future.
These developments are part of a broader strategy by President Saied to consolidate power. Following a controversial constitutional overhaul in 2022, which allowed him to appoint high court judges, the judiciary has found itself at a crossroads. Judges now face the difficult decision of aligning with his policies or confronting potential punitive measures.
Amnesty International’s call for protecting judicial freedom resonates with global principles, aligning with the UN Basic Principles on the Independence of the Judiciary. These principles emphasize the crucial role of freedom of expression for judges, allowing them to engage in public discourse about the functioning and independence of the judiciary without fear. As the situation unfolds, the international community continues to watch closely, urging Tunisia to uphold its commitments to human rights and democratic values.