United Nations Human Rights Council
62nd Regular Session
Oral Statement of the International Commission of Jurists on the executive capture of the judiciary and the criminalisation of the legal profession in Tunisia during the interactive dialogue with the Special Rapporteur on the Independence of Judges and Lawyers
This is a joint statement.
Madame Special Rapporteur,
In Tunisia, the systematic dismantling of judicial independence and the rule of law, and the criminalization of the legal profession have severely undermined the protection of human rights, including fair trials.
Since 2021, President Saïed took a series of unconstitutional measures to subordinate the judiciary to the executive. In June 2022, he summarily dismissed 57 judges and prosecutors, thereafter, the Ministry of Justice has interfered in judicial careers through informal means outside any legal framework. You have denounced as an “evident reprisal” the one-year sentence of Judge Anas Hmedi, the Association of Tunisian Magistrates’ president, for his role in the 2022 judicial strike.
The targeting of defence lawyers is equally alarming. Authorities have weaponized “anti-terrorism”, “defamation” and “fake news” legislation prosecuting lawyers solely for discharging their duties and legitimately exercising freedom of expression. Lawyers targeted include: Ayachi Hammami, currently serving a five years’ sentence and Sonia Dahmani, who was detained for 18 months. In addition to lawyers currently detained, at least 12 others face judicial harassment, arbitrary travel bans and asset freezes based on unfounded accusations.
Such attacks on the judiciary and legal profession flagrantly violate Tunisia’s international human rights law obligations. The government’s failure to schedule your visit only confirms that this government resists scrutiny.
Madame Special Rapporteur,
What can the HRC and individual States do to enable your access to the country and address the attacks on judges and lawyers?
Thank you.
This statement is co-sponsored by:
- Human Rights Watch
- No Peace Without Justice
- EuroMed Rights
- Amnesty International
- World Organisation Against Torture
- Avocats Sans Frontières
