Amnesty International on Thursday called Tunisian authorities should stop prosecuting judges such as Judge Anas Hmedi, who have spoken out against the Kais Saied government’s attacks on the country’s judicial independence.
Sara Hashash, deputy regional director for the Middle East and North Africa at Amnesty International, stressed the severity of the situation to judicial officials in Tunisia, demanding:
Judges must be able to participate individually and collectively in the public debate on the organization, functioning, etc independence justice without fear of intimidation, harassment or criminal prosecution. The authorities must immediately drop all charges against Judge Anas Hmedi as they are based solely on the peaceful exercise of his human rights.
Hmedi, a judge at the Monastir Court of Appeal and president of the Tunisian Association of Judges, is currently facing trial over what Amnesty International calls “unfounded allegations of obstruction” related to freedom of work. The trial is scheduled for March 26, 2026. This development is the latest in a series criminal proceedings against him since 2022, in which he participated in organizing a nationwide judicial strike by the Association of Tunisian Judges (AMT) in response to the dismissal of 57 judges and prosecutors by President Saied. Despite Article 36 of the Tunisian constitution Although judges were granted the right to strike, Judge Hmedi was nevertheless accused of inciting judges to strike and “disturbing freedom of work,” which violated this Article 136 of the Criminal Code.
Furthermore, Judge Hmedi was denied his right to a fair trial when the case was repeatedly transferred during the investigation phase before being brought to trial without being questioned by the judge, in clear violation of the ruling Article 14 the International Covenant on Civil and Political Rights (ICCPR). The AMT has received two warnings from authorities alleging that the association has failed to comply with certain provisions of the AMT Association Law Decree 88This is the groundbreaking legislation that guarantees the right to form an association. AMT has consolidated its position as a provider in the country Checks and balances in the executive wing of government, such as Advocacy as early as 2013, when it joined forces with the Tunisian Association of Judges to carry out strikes against the politicization of the judiciary.
Although AMT has provided documentation To prove that it acted within the law, the relentless initiation of criminal proceedings against the organization casts a shadow of doubt over its future. Judges are entitled to freedom of expression, and this is the basis Spirit the UN Basic Principles on the Independence of the Judiciary.
President Saied oppression The judge’s position in the judiciary is part of a broader system of subordination that saw judges fired in February 2022 and the 2014 constitution replaced with one that empowered him to appoint judges to high courts, forcing the remaining judges to choose between joining his agenda or facing arbitrary justice.
