Human Rights Watch (HRW) has called on the Tunisian government to reinstate all judges and prosecutors who were arbitrarily dismissed by President Kais Saied. The rights group has accused the president of attempting to “crush judicial independence” and subjugate prosecutors and judges to the executive branch.
The HRW report was released after the Justice Ministry refused to reinstate 49 magistrates, despite an administrative court order to do so. The watchdog described Saied’s proclaimed anti-corruption campaign as a “power grab” that began on July 25, 2021, when he dismissed then-Prime Minister Hichem Mechichi and gave himself broad powers.
On February 6, 2022, Saied unilaterally dissolved the High Judicial Council (HJC) – a constitutional body mandated to guarantee the independence of the judiciary – and replaced it with a temporary council appointing all 21 members. The president also granted himself the power to intervene in the career tracks and dismissal of magistrates with no form of immediate appeal.
On June 1, 57 judges and prosecutors were fired following accusations of financial and “moral” corruption and obstructing investigations. Despite the law granting magistrates the right to challenge their dismissals only after courts issue a final judgement in their criminal cases, they nevertheless appealed their dismissals to the Tunis administrative court. The court ruled in favour of 49 of them, saying the actions taken against them were “a violation of the right to a fair trial” and “serious breaches of the right to access to court, the presumption of innocence and the right to defence”.
Speaking to Human Rights Watch, dismissed magistrates said they had their salary and benefits, including health coverage, taken away and were subjected to online harassment on social media pages deemed supportive of the authorities. Sadok Hachicha, investigating judge at the Court of First Instance of Sousse, had served as a judge for nearly 30 years before being dismissed. He believes his dismissal was in retaliation for his order for Mehdi Ben Gharbia, a prominent businessman who served as a minister from 2016 to 2018 and was a member of parliament that Saied dissolved, to be provisionally released in December 2021 after he had been arrested on corruption charges.
In a separate instance, comments by President Saied led to a social media campaign against a female judge, Khira Ben Khalifa, who had been accused of adultery. Personal data, including the official police report and a so-called “virginity test”, were disclosed on social media pages supportive of the president.
HRW rejected the president’s position and called for an immediate stop to attacks on the judiciary and targeting of judges through prosecution and intimidation. The watchdog also condemned Saied’s attempts to use his anti-corruption campaign for political purposes and urged that it be carried out in compliance with the rule of law.
The report comes as Tunisian authorities continue a campaign of arrests against opposition figures. Most recently, Said Ferjani, a leading figure in the Ennahdha party, was arrested on Monday, following the arrest of Jaouhar Ben Mbarek last week. HRW has called on Tunisian authorities to end their campaign of intimidation and ensure that all citizens are able to exercise their right to freedom of expression without fear of reprisal.