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Tunisia – Anas Hmaidi’s Conviction Signals the Subjugation of the Judiciary

The Committee for the Respect of Freedoms and Human Rights in Tunisia (CRLDHT) condemns in the strongest possible terms the July 1, 2026, ruling handed down by the Tunis Court of Appeals in absentia, which upheld the one-year prison sentence imposed on Mr. Anas Hmaidi, president of the Association of Tunisian Magistrates (AMT), and ordered its immediate enforcement.

This conviction marks a new step in the systematic dismantling of the independence of the Tunisian judiciary. It punishes a judge whose only “crime” is to have defended, with courage and perseverance, the independence of the judiciary, the freedom of association, and the independence of his colleagues and the judiciary.

The legal proceedings against Mr. Anas Hmaidi stem from the protests organized in June 2022 by the Association of Tunisian Judges to denounce the arbitrary dismissal of fifty-seven judges, ordered by the President of the Republic in violation of the fundamental guarantees of judicial independence. What is now being criminalized is nothing more than the legitimate exercise of a union mandate and the defense of the most basic principles of the rule of law.

Since the power grab on July 25, 2021, Kaïs Saïed has set out to dismantle, step by step, all institutional checks and balances. The dissolution of the legally established, elected High Council of the Judiciary; its replacement with a body subordinate to the executive branch; the arbitrary dismissal of dozens of judges; disciplinary and criminal proceedings targeting independent judges; the proliferation of political trials; and attacks on lawyers, journalists, human rights defenders, and opponents are all part of the same strategy: to transform the justice system into an instrument of subjugation and repression.

By prosecuting the president of the Tunisian Magistrates’ Association for acts carried out in the course of his duties, the Tunisian authorities are criminalizing magistrates’ freedom of professional association and freedom of expression. They are violating their international commitments, notably the International Covenant on Civil and Political Rights, the fundamental conventions of the International Labor Organization, and the United Nations Basic Principles on the Independence of the Judiciary.

The CRLDHT is also deeply concerned about the serious irregularities that have marred this procedure, which has become the norm: the rejection of motions for postponement filed by the defense, the failure to review pending appeals, challenges regarding the lifting of judicial immunity, disregard for essential fair trial guarantees, and the decision to proceed with immediate enforcement. These factors raise serious doubts as to whether the requirements of an independent and impartial judiciary, in accordance with national and international standards, have been met.

This conviction goes far beyond Anas Hmaidi as an individual.

It serves as a message of intimidation directed at all judges who still refuse to comply with the government’s orders. It also targets lawyers, journalists, human rights defenders, and, more broadly, all those who continue to defend the rule of law.

Through this decision, the government intends to create a lasting climate of fear within the judiciary in order to stifle any resistance to the manipulation of the justice system.

But a judiciary deprived of its independence ceases to be a judiciary. When a judge is prosecuted for defending the independence of his or her institution, it is not just that judge who is being targeted: it is the fundamental right of every citizen to be tried by an independent and impartial court that is being called into question.

The CRLDHT expresses its full solidarity with Anas Hmaidi, with the Association of Tunisian Judges, and with all judges who, despite intimidation, the minister’s directives and orders, reprisals, and smear campaigns, continue to defend the honor of their profession and the principles of the rule of law.

The CRLDHT :

  • condemns the upholding of Mr. Anas Hmaidi’s sentence of one year in prison, to be served immediately;
  • demands the immediate dismissal of all charges brought against Mr. Anas Hmaidi, as well as all vindictive proceedings directed against independent judges;
  • calls for the immediate reinstatement of all judges who have been arbitrarily dismissed since June 2022 and for compensation for the harm they have suffered;
  • calls on the Tunisian authorities to respect their international obligations, to fully guarantee the trade union rights of judges, and to put an end to any interference by the executive branch in the functioning of the judiciary;
  • Calls for the effective restoration of the independence of the judiciary, which is an essential prerequisite for restoring the rule of law and citizens’ confidence in the justice system;
  • calls on the United Nations special procedures, the Office of the High Commissioner for Human Rights, the institutions of the European Union, the African Commission on Human and Peoples’ Rights, the International Union of Judges, regional networks of judges, and all international human rights organizations to publicly condemn this decision and to remain vigilant in the face of efforts to bring the Tunisian judiciary to heel.

Standing up for Anas Hmaidi today means standing up for the independence of the Tunisian judiciary. Standing up for the independence of the judiciary means standing up for the freedoms of all Tunisians.

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