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“The authorities must immediately end their attacks on the judiciary and the persecution and intimidation of judges,” denounced a Human Rights Watch report. In addition, the body demands that the positions of the 49 magistrates who were dismissed by President Kaïs Said in June 2022 be restored.
The Tunisian president Kaïs Said has been the target of criticism by numerous institutions that ensure the protection of human rights. Human Rights Watch (HRW) has been one of the most constant in its pronouncements and, among the various remarks, the most recent report highlights the agency’s concern over the refusal of the Executive Branch to comply with an administrative court order to reinstate the dismissed magistrates.
In all, 57 judges and prosecutors were fired in June 2022 by direct order of the president. The decision was based on accusations of alleged “financial and moral corruption”, in addition to the fact that the government initiated criminal proceedings against them.
The magistrates appealed their dismissals to the Tunisian administrative court. The body ruled in favor of 49 judges and proceeded to notify the head of state of his obligation to reinstate public officials in their respective positions. To date, the president has ignored this judicial order.
“These blows to judicial independence reflect the government’s determination to submit prosecutors and judges to the executive branch, at the expense of Tunisians’ right to a fair trial before independent and impartial judges,” said Salsabil Chellali, Tunisia director for HRW. .
The dismissal of the judges has been based on the “anti-corruption” policy that Said has established and defended since he took power in 2019.
Under the argument of the fight against corruption, Said breaks the balance of power
On July 25, 2021, Said dismissed Prime Minister Hichem Mechichi and dissolved the Tunisian Parliament. In addition, the president decreed a state of exception that gives him broad powers. Although the president installed a new prime minister, the state of emergency was extended until the end of 2023.
In February 2022, the president also unilaterally dissolved the High Judicial Council – the body in charge of safeguarding the independence of the Judiciary – and it was replaced with another “temporary” council made up of 21 members appointed by the government, 9 of whom were appointed directly by the president.
These measures were justified by the president due to a need to “clean up the political system” of Tunisia and end the alleged existing corruption in a more efficient way. However, the balance of power in the country has been broken and the situation worries human rights defenders.
“The fight against corruption must not be instrumentalized for political purposes and must be carried out respecting the rule of law,” said Salsabil Chellali.
Protests and arrests of opponents
A sector of the Tunisian population is not satisfied with Said’s movements and there have been multiple public demonstrations against the dissolution of parliament, the president’s xenophobic comments and the economic situation the country is going through.
The arrests of multiple opposition figures have also been protagonists in recent weeks. Several leaders of the opposition National Salvation Front coalition have recently been arrested and at least 12 government critics are behind bars, according to information from HRW.
Tunisia, considered the cradle of the ‘Arab Spring’, experiences a radical turn in its constitutional structure and the distribution of powers in the government. Kaïs Said came to power with a high approval rating following his anti-corruption speech, but the president’s recent decisions are affecting the nation’s political stability.
With Reuters and local media
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