Rights group calls on Tunisia to stop harassment of judges exercising right to expression - JURIST - News

## Summary
News Dieter_G / Pixabay Amnesty International on Thursday called on Tunisian authorities to cease their persecution of judges, such as Judge Anas Hmedi, who have spoken out against the government of Kais Saied’s attacks on judicial independence in the country. In highlighting the harshness of the situation against judicial figures in Tunisia, Sara Hashash, Deputy Regional Director for the Middle East and North Africa at Amnesty International, urged: Judges must be able, individually and collectively, to participate in public debate on the organization, functioning, and independence of the judiciary without fear of intimidation, harassment, or criminal prosecution. Hmedi, a judge at the Monastir Court of Appeal and president of the Tunisian Judges Association, is currently facing trial over what Amnesty International called “unfounded obstruction charges” related to freedom to work, scheduled to take place on March 26, 2026. This development is the latest in a string of criminal proceedings against him since 2022, in which he participated in the Association of Tunisian Magistrates (AMT)’s organization of a nationwide judicial strike in response to President Saied’s dismissal of 57 judges and prosecutors.

## Article Content
News
Dieter_G
/ Pixabay
Amnesty International on Thursday
called on
Tunisian authorities to cease their persecution of judges, such as Judge Anas Hmedi, who have spoken out against the government of Kais Saied’s attacks on judicial independence in the country.
In
highlighting
the harshness of the situation against judicial figures in Tunisia, Sara Hashash, Deputy Regional Director for the Middle East and North Africa at Amnesty International, urged:
Judges must be able, individually and collectively, to participate in public debate on the organization, functioning, and
independence
of the judiciary without fear of intimidation, harassment, or criminal prosecution. The authorities must immediately drop all charges against Judge Anas Hmedi since they stem solely from the peaceful exercise of his human rights.
Hmedi, a judge at the Monastir Court of Appeal and president of the Tunisian Judges Association, is currently facing trial over what Amnesty International called “unfounded obstruction charges” related to freedom to work, scheduled to take place on March 26, 2026. This development is the latest in a string of
criminal proceedings
against him since 2022, in which he participated in the Association of Tunisian Magistrates (AMT)’s organization of a nationwide judicial strike in response to President Saied’s dismissal of 57 judges and prosecutors. Despite Article 36 of the
Tunisian Constitution
affording judges the right to strike, Judge Hmedi was still accused of inciting judges to join the strike and ‘disrupting the freedom of work,’ contrary to
Article 136
of the Penal Code.
Additionally, Judge Hmedi was denied his right to a fair trial when the case was repeatedly transferred during the investigative stage, before he was referred to trial without being interrogated by the judge, a clear contravention of
Article 14
of the International Covenant on Civil and Political Rights (ICCPR). The AMT has received two warnings from authorities claiming that the association did not comply with certain provisions of the
Association Law Decree 88
, which is the landmark legislation guaranteeing the right to establish associations. AMT has cemented its position in the country as providing
checks and balances
on the executive wing of government, such as its
advocacy
back in 2013 when it partnered with the Union of Tunisian Judges to conduct strikes against the politicization of the judiciary.
Although AMT has provided
documentation
to prove that it was operating within the ambit of the law, the authorities’ relentless institution of criminal proceedings against the organization casts a shadow of doubt on its future. Judges are entitled to freedom of expression, and this forms the
spirit
of the UN Basic Principles on the Independence of the Judiciary.
President Saied’s
oppression
of the judiciary is part of a broader scheme of subordination, where judges were purged in February 2022, and the 2014 constitution was replaced with one that empowered him to appoint high court judges, forcing the remaining judges to choose between aligning themselves with his agenda or facing arbitrary justice.

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## Expert Analysis

### Merits
- The AMT has received two warnings from authorities claiming that the association did not comply with certain provisions of the Association Law Decree 88 , which is the landmark legislation guaranteeing the right to establish associations.

### Areas for Consideration
N/A

### Implications
- Although AMT has provided documentation to prove that it was operating within the ambit of the law, the authorities’ relentless institution of criminal proceedings against the organization casts a shadow of doubt on its future.

### Expert Commentary
This article covers judges, judge, against topics. Notable strengths include discussion of judges. Readability: Flesch-Kincaid grade 0.0. Word count: 483.