Tunisia - In an escalatory movement, Tunisian judges in judicial uniform on Thursday organized a protest in front of the Court of First Instance building in Tunis, denouncing what they called targeting the independence of the judiciary and an attempt to manipulate it by the authority by isolating them and prosecuting them on malicious charges.
The protesters raised slogans rejecting what they considered interference by the executive authority in the work of the judiciary, such as "the judiciary of freedoms, not the judiciary of instructions", and "appointments of loyalty take your hands off the judiciary", and denounced the prevention of journalists from entering the courtyard of the Court of First Instance by the security.
The vigil comes a year after 57 judges were dismissed by Tunisian President Kais Saied after accusing them of corruption and protecting "terrorists". It also comes to protest the authority's refusal to implement rulings issued by the Administrative Court in August 2022 in favor of 49 judges who are subject to isolation, to allow them to return to their work.
The vigil comes a year after 57 judges were dismissed by Tunisian President Kais Saied after accusing them of corruption (Al Jazeera)
Breaking the law
On the latest developments in the file of isolated judges, says a member of the defense of isolated judges lawyer Ayachi Hammami – Al Jazeera Net – that the authority continues to reject and intransigence in the implementation of the decisions of the Administrative Court to return 49 judges to their work, considering it "corruption and a flagrant violation of the law and the state's obligations to respect the independence of the judiciary."
Hammami believes that the judiciary is subjected to "blatant and blatant interference" by President Kais Saied "to adapt it to serve his project," but stresses that this protest movement will increase the unity of ranks to defend an independent judiciary, a guarantee of rights and freedoms against attempts to intimidate judges with dismissal and prosecution.
He says that the defense team for the dismissed judges insists that the charges against these judges and those prosecuted on charges of corruption and covering up terrorism are "malicious and fabricated," revealing that consideration of the request to lift the immunity of 13 judges prosecuted on charges of covering up "terrorism" has been postponed to June 20 at the request of the defense.
Hammami believes that the judiciary is subjected to blatant interference by President Kais Saied (Al Jazeera)
The investigating judge at the Judicial Pole to combat terrorism, had asked the Supreme Interim Council of the judiciary at the end of last year, lift the immunity of 13 judges among the dismissed judges for trial, Hammami said, "The immunity will not be lifted from them. unless the Interim Supreme Judicial Council responds to the pressure and instructions of the authority."
"Since President Kais Saied issued a decree allowing him to expel any judge directly without returning to the Supreme Judicial Council, a climate of fear has spread among judges, who have become terrified of being dismissed and prosecuted if they do not abide by the instructions," he added, noting that this climate threatens the rights and freedoms of all litigants in Tunisia.
Liquidation of liabilities
For his part, says lawyer and political activist Abdul Raouf Ayadi – Al Jazeera Net – that "the continued isolation of judges and prosecuted charges empty of all supporters falls within the policy of President Said to adapt the judiciary to his benefit," stressing that the goal is to liquidate his opponents and their exclusion, as he put it.
Ayadi confirmed that the lawyers themselves have become the subject of judicial prosecutions as they plead against arrested political activists in cases of conspiracy against state security, considering that all accusations against them by unknown parties are devoid of any evidence or evidence, and continued, "All prosecutions are carried out under pressure exerted by the Minister of Justice."
Despite the acknowledgment of lawyer and opposition political activist Samia Abbou not to reform the judicial system during the past decade and adapt part of it from the successive authorities after the revolution, she confirms – to Al Jazeera Net – that "the current authority has become blatantly and openly interfering in the affairs of the judiciary through the fabrication of files and isolation."
She says that President Saied "proclaimed himself ruler and executioner at the same time, holding the keys to prison in which he can throw whomever he wants before the guilt is proved," pointing to the high frequency of unfair trials and arbitrary arrests of activists, bloggers, journalists, trade unionists and citizens just for expressing their opinions and criticizing the authority, according to her.
Accounting within the framework of the law
On the other hand, President Kais Saied stressed "the need to hold accountable all those who have wronged the homeland and the people within the framework of full respect for the law," when he received last Friday both Prime Minister Najla Boden and Justice Minister Leila Jaffal.
President Saied met with Justice Minister Leila Jaffal on May 23, stressing the importance of the independence of judges, and stressed the need to hold accountable all those who committed crimes against the people, looted their resources and are still working to sow discord and inflame social conditions.
"Just as we want no one to be wronged, we also do not want those who wronged the people and abused them and are still in their desire to fabricate crisis after crisis remain outside accountability, within the framework of fair trials in which everyone is treated equally," he said.