In a disconcerting development, Tunisian Judge Anas Hmedi, President of the Tunisian Judges’ Association (AMT), finds himself entangled in a legal battle that threatens not only his personal freedom but also the very principles of justice and judicial independence. As he prepares to face an investigating judge at the Kef Court of First Instance on August 21, 2023, the charges against him have raised alarm among human rights organizations worldwide. They are calling on Tunisian authorities to drop these charges and cease the harassment of judges who are simply exercising their fundamental rights to peaceful freedom of expression, assembly, and association.
The accusations against Judge Hmedi stem from his alleged involvement in a judicial strike that occurred in 2022. However, these charges are widely perceived as a politically motivated prosecution, part of a broader campaign aimed at stifling voices critical of the assault on judicial independence and unwarranted interference by the executive branch in the judiciary. This pattern of harassment has been ongoing since President Kais Saied’s consolidation of power on July 25, 2021.
Judge Hmedi, who serves at the Monastir Court of Appeal, has been subjected to a relentless campaign of defamation, arbitrary disciplinary actions, and even criminal prosecution since July 2021. The situation escalated following his co-organization of a judges’ strike in June 2022. This strike was a response to the arbitrary dismissal of 57 magistrates, including judges and prosecutors, by President Kais Saied. In his capacity as the President of the AMT, Judge Hmedi was actively involved in this associative activity.
The situation took a grave turn in July 2022 when the prosecution’s office at the Monastir Court of First Instance requested the Temporary High Judicial Council (THJC) to lift Judge Hmedi’s judicial immunity. This request came in the aftermath of an incident on June 13, 2022, during the judges’ strike when Judge Hmedi requested a fellow judge to suspend his work and join the strike. Remarkably, this request was met positively, leading to a four-week-long strike that aimed to address the concerns of the judiciary.
In September 2022, the THJC lifted Judge Hmedi’s judicial immunity, paving the way for a criminal investigation initiated by the deputy prosecutor at the Monastir Court of First Instance. The charges against him, as per the Tunisian Criminal Code, include “inciting [a judge] by violence, assault, threats, or fraudulent practices to cease performing their individual or collective duties.” If convicted, Judge Hmedi could face up to three years in prison and a fine.
Subsequently, in August 2022, the THJC initiated a disciplinary procedure against Judge Hmedi based on the same allegations. His disciplinary hearing, initially scheduled for May 16, 2023, was rescheduled to September 26, 2023.
It is crucial to emphasize that Judge Hmedi’s actions and the work of the AMT are not only protected by Tunisian law but also upheld by international human rights standards. These standards, notably enshrined in articles 19, 21, and 22 of the International Covenant on Civil and Political Rights (ICCPR), safeguard the rights to freedom of expression, peaceful assembly, and association. Furthermore, the UN Basic Principles on Independence of the Judiciary assert that judges should have the freedom to form and join associations to protect their judicial independence.
The international community has also expressed grave concerns over the targeting of Judge Hmedi. The UN Special Rapporteur on the Independence of Judges and Lawyers and the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and Association communicated their apprehensions to the Tunisian government in August 2022.
Tragically, despite legal requirements, Judge Hmedi was not officially informed in writing about the lifting of his judicial immunity, depriving him of the right to an effective remedy. Only in December 2022 did he gain access to the THJC’s decision, which is essential for any appeal.
In February 2023, the case against Judge Hmedi was transferred from the Monastir Court to the Kef Court of First Instance.
The plight of Judge Hmedi underscores the pressing need to protect and uphold judicial independence and the rights of judges to express their concerns without fear of reprisals. It serves as a stark reminder that challenges to the executive’s control over the judiciary must be met with unwavering support for those who defend the principles of justice.
The Washington Center for Human Rights joins the global call for justice in the case of Judge Anas Hmedi. We urge Tunisian authorities to drop all charges against him and end the harassment of judges who are dedicated to upholding the rule of law. Only by safeguarding judicial independence can Tunisia continue on its path towards a just and democratic society.