These are the alarming findings of two press releases issued by the Association des Magistrats Tunisiens (AMT) on February 17, 2025 and signed by its President Anas Hammadi. With these statements, the AMT intends to alert national and international public opinion to the deep crisis that has hit the Tunisian judicial system hard. https://www. facebook.com/share/p/1ESxhopBLd/ and https://www.facebook.com/share/p/1E2RgtLwc5/

AMT expresses its deep concern at the critical situation facing the judiciary in Tunisia. The persistent lack of independence of the judiciary, growing interference by the executive and repeated attacks on the fundamental guarantees of the judicial profession have led to an unprecedented state of crisis.

A damaging and intentional institutional blockage

AMT denounces the absence of publication of the judicial movement for the year 2024-2025, despite its adoption by the Provisional Council of the Administrative Magistracy since August 12, 2024. The unjustified refusal of the President of the Republic to sign this movement has led to a serious institutional vacuum, disrupting the normal functioning of administrative justice and lengthening case processing times, to the detriment of litigants.

Executive control of the judiciary

The situation of the judiciary continues to deteriorate under the grip of the executive. AMT observes with deep concern the intentional paralysis of the Provisional Council of the Judiciary, enabling the Ministry of Justice to exercise absolute control over magistrates. The abusive and arbitrary use of transfers, suspensions and promotions has transformed the management of judges' careers into a tool of repression and sanction, undermining their independence and compromising the impartiality of the judiciary.

Alarming consequences for access to justice

The widespread dysfunction of the judicial system has led to a flagrant imbalance in the distribution of magistrates, overloading some jurisdictions and paralyzing others. AMT has observed a deterioration in the working conditions of magistrates and judicial staff, with hearings dragging on until late hours, litigants lost in administrative chaos and proceedings excessively delayed.

The failure to appoint officials to the Cour de cassation and the tribunal foncier for over two years illustrates the extent of the crisis. Similarly, the arbitrary suspension of magistrates without a transparent disciplinary procedure, and the replacement of competent judges by people chosen on the basis of opaque criteria, are exacerbating citizens' distrust of the judicial institution.

Justice under political pressure

AMT underlines the danger of justice being used for political ends. Judges today are threatened with forced transfers and demotions if they take decisions that contradict the interests of those in power. The lack of transparency in the management of judicial careers and the appointment of magistrates on the basis of personal and political affiliations undermine the fundamental principles of the rule of law.

Faced with this untenable situation, the AMT :

1. Demands the immediate publication of the 2024-2025 judicial movement in order to guarantee the stability of the judicial system and the continuity of the public justice service.
2. Denounces the abusive intervention of the Ministry of Justice in the management of magistrates and calls for respect for the constitutional guarantees of the independence of the judiciary.
3. Recalls that the independence of the judiciary is essential for the protection of citizens' fundamental rights and freedoms, and for the credibility of the judicial system.
4. Calls on all magistrates to remain faithful to their mission of protecting justice and the rights of those subject to trial, despite the pressure exerted.
5. Calls for an independent inquiry into the abusive transfers and arbitrary suspensions decided by the Ministry of Justice.

AMT reaffirms its unwavering commitment to an independent, impartial justice system that respects the principles of the rule of law. The current situation cannot continue without jeopardizing public confidence in the justice system.