As arbitrary decisions and government interference undermine judicial independence, citizens' rights to a fair trial and freedom from discrimination are increasingly at risk.
This statement was originally published on gc4hr.org on 31 March 2025.
It is shameful and debilitating for Tunisia, which was ahead of its time in the field of rights and freedoms, and which once produced the scholar Abd Al-Rahman Ibn Khaldun, who articulated the immortal saying, “Justice is the foundation of civilisation,” to have today some judges who issue arbitrary decisions and apply the law unfairly.
A fearful judiciary of strict instructions
Where can a complainant turn if the oppressor is the one issuing the judgment and seeking justice? Where can a victim turn if they are tried by a justice system measured by an incommensurable unit of measurement because it does not meet the minimum international standards for the concept of a fair trial and due process?
Since 2022, the Tunisian Judges’ Association (Association des Magistrats Tunisiens, AMT), an independent professional association, has been on strike and holding open sit-ins to denounce the decision to dismiss 57 judges. The association announced it would not run for judicial positions to replace those dismissed, nor would it run for positions on the electoral commission’s subsidiary bodies. This dismissal was a bad start to an even worse judicial future.
Arbitrary decisions followed, with the decision to dissolve the Supreme Judicial Council concluding the first chapter of policies that transformed the exceptional hybrid situation into an ambiguous transitional phase, marking a new beginning for the judiciary. Today, we stand on the threshold of serious concern regarding judicial work, the impartiality and independence of judges, and the functioning of the judicial apparatus entrusted with achieving justice in Tunisia.
In recent years, the Tunisian judiciary has been characterised by its swift action to prosecute civil society and political opposition activists, including journalists and bloggers. Amid this, a saying has emerged, repeated by a group of judges subject to strict government directives: “May his mother cry, but not my mother.” This statement implies a willingness to implement arbitrary government decisions to avoid the consequences of not complying with them, which could include facing dismissal, arbitrary transfer, or even imprisonment on charges of conspiracy against the state, if the judge adheres to the law and his or her conscience. The authorities are placing judges in a position they may not want, but they must vehemently reject, regardless of the sacrifices required to uphold the principles of justice in society.
The situation worsened when, on 26 February 2025, the branch of the National Bar Association in the capital Tunis was notified of an administrative memorandum issued by the President of the Tunis Court of First Instance. The memorandum stipulated that remote trials would be conducted for cases pending before the Criminal Chamber specialising in terrorism cases throughout March 2025, with the same procedure to continue for those cases thereafter.
This measure includes a portion of those being prosecuted in criminal cases described as terrorism, including conspiracy cases involving a number of political activists.
The NGO Legal Agenda emphasised that “imposing remote trials in serious criminal cases, in which defendants often face severe penalties that may include the death penalty, violates the right to a fair trial.”
It is worth noting that Law No. 19 of 2020, issued to address the repercussions of the spread of the Coronavirus (COVID-19), mandated remote trial procedures for the safety of all. Government sources confirm that the current health situation in the country, including in prisons, is safe.
Chaos in the Ministry of Justice
During a press conference held on 10 February 2025, the General Assembly of Ministry of Justice Employees, affiliated with the Tunisian General Labour Union, revealed the alarming situation, which it described as “extreme chaos” and “unprecedented confusion” within the Ministry of Justice. This situation is due to the arbitrary transfer orders affecting numerous employees, cadres, and union officials, as well as the vacant positions currently facing many of the ministry’s various departments. Likewise, in violation of freedom of union activity, salaries were withheld from some union officials, and they were punished by referring them to disciplinary boards or opening criminal investigations against them on fabricated charges.
Control of the Judiciary
One aspect of the control over the judiciary is the control of the Public Prosecution Office to facilitate the filing of charges against opponents by exerting pressure on judges. In a statement issued on 18 January 2025, the Executive Office of the Tunisian Judges’ Association revealed that a representative of the Public Prosecution Office at the Tunis Court, accompanied by a security officer, arrived at its headquarters in the Palace of Justice. She demanded that the association’s president and members of its Executive Office abort a meeting they were holding and leave the courtroom immediately.
Absence of the Constitutional Court
In the absence of the Constitutional Court, the situation remains unchanged, fraught with chaos and disorder. Despite its explicit provision in the 2014 Constitution and the revision of its composition and jurisdiction in Article 6 of the 2022 Constitution, it has remained the subject of political controversy, intensifying with every Tunisian political crisis.
The Constitutional Court is of paramount importance not only because it is an independent judicial body, but also because the Presidency of the Republic and Parliament are subject to its oversight of presidential decrees and orders, as well as draft laws submitted to and ratified by Parliament. Furthermore, the President of the Court replaces the Head of State in the event of total incapacity, death, or resignation.
Tunisia remains in a vacuum in these exceptional circumstances, helpless in the face of these procrastinations that seek to escape the clutches of oversight. It is clear to citizens that the government does not want anyone to monitor it.
Recommendations
The Gulf Centre for Human Rights urges the authorities in Tunisia to:
Cease all forms of interference in the affairs of the judiciary, respect its independence, and refrain from using it as a weapon against opponents through remote trials without any serious and coherent justifications;
Respect the civil and human rights of all citizens and safeguard public freedoms, foremost among them freedom of expression, in addition to protecting independent trade union activity; and
Establish the Constitutional Court as soon as possible.