The International Commission of Jurists (ICJ) denounced as a sham the Tunis Criminal Court of First Instance’s conviction, on 6 April 2026, of Judge Anas Hmedi, President of the Association of Tunisian Magistrates (the AMT), on baseless charges of “obstructing the freedom to work”, in violation of his human rights and judicial immunity. On the same day, the Court sentenced Judge Hmedi to one year in prison.
.هذا البيان الصحفي متوفر باللغة العربية أيضاً
“The conviction and sentence of Judge Hmedi mark a dangerous new low in the Tunisian authorities’ efforts to silence the AMT, which has long been vocal in the defence of judicial independence in Tunisia,” said Saïd Benarbia, ICJ Middle East and North Africa Programme Director. “The Tunisian authorities must immediately quash Judge Hmedi’s conviction and sentence and fully guarantee the rights to freedom of association and freedom of peaceful assembly, including the right to strike.”
Judge Hmedi’s conviction stems from a 2022 judicial strike organized by the AMT, which took place in response to President Kaïs Saïed’s arbitrary dismissal of 57 judges and prosecutors in June 2022, and is the culmination of a flawed legal process marked by violations of Judge Hmedi’s right to a fair trial and procedural irregularities at both the pre-trial and trial stages.
On 10 March 2026, with only two days’ notice, Judge Hmedi was summoned to appear for trial before the Sixth Criminal Chamber of the Tunis Court of First Instance on 12 March 2026. Such short notice did not comply with the notice period provided by law and violated Judge Hmedi’s right to adequate time and facilities to prepare his defence. His trial was subsequently adjourned for two weeks.
At the resumption of his trial, on 26 March 2026, Judge Hmedi’s legal counsel requested an adjournment of his client’s trial on the basis that his challenge of the Temporary High Judicial Council’s decision to lift his judicial immunity in the case was still pending before the Administrative Court and that, therefore, he was still entitled to immunity from prosecution. However, the Court dismissed the request — along with all other procedural challenges against the irregularities that had marred the judicial investigation stage — and postponed the trial to 2 April 2026 for a final hearing.
On 2 April 2026, following Judge Hmedi’s oral evidence and his counsel’s closing speech, the court concluded the trial and announced that it would pronounce the verdict and eventual sentence on 6 April 2026.
The trial on charges of “obstructing the freedom to work” are not the only criminal proceedings that the Tunisian authorities have brought against Judge Hmedi. In late 2025, at least three complaints were reportedly filed against him, in a concerted effort to bring fabricated and arbitrary criminal charges against him.
Judge Hmedi’s conduct and AMT’s work are protected under international human rights law and standards, notably under articles 19, 21 and 22 of the ICCPR, guaranteeing the rights to freedom of expression, peaceful assembly and association, respectively. The UN Human Rights Committee has interpreted the right to freedom of association under article 22 of the ICCPR as encompassing the right to strike. As a State Party, Tunisia is legally obligated to respect these rights.
The ICJ urges the Tunisian authorities to:
- immediately quash the conviction and sentence of Judge Hmedi;
- dismiss all ongoing proceedings against Judge Hmedi;
- allow the AMT, and all civil society organizations, to fulfil their mandates without harassment and threats of arbitrary criminal prosecution;
- cease all arbitrary prosecutions of judges and prosecutors and re-instate all arbitrarily dismissed judges and prosecutors; and
- restore judicial independence, including by ending executive interference in judicial affairs and by re-establishing an independent High Judicial Council responsible for the appointment, transfer, rotation and disciplining of judges and prosecutors.
Contact
Saïd Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3800, e: said.benarbia@icj.org
Nour Al Hajj, Communications & Advocacy Officer, ICJ Middle East and North Africa Programme; e: nour.alhajj@icj.org
