GENEVA - A UN expert expressed grave concern over the reported sentencing of Anas Hmedi, a judge at the Monastir Court of Appeal and president of the Tunisian Judges Association, who is due to be imprisoned for four years today on charges of "obstructing freedom to work."
"This case against Judge Hmedi raises serious concerns about reprisals against members of the judiciary," said Margaret Satterthwaite, UN Special Rapporteur on the independence of judges and lawyers. "Judge Hmedi is being punished simply for defending judicial independence."
Satterthwaite said the charges were filed against Judge Hmedi for actions taken in his capacity as head of the Tunisian Judges Association, and on the legitimate strike undertaken by judges to express their rejection of the unfounded dismissal of 57 judges by presidential decree in 2022.
"I am seriously concerned that in addition to this evident reprisal, the proceedings in the case of Judge Anas Hmedi, have been plagued with irregularities," the expert said.
"The investigation was based on a false complaint, and the executive deliberately intervened to change the venue to another court far from the place of the act attributed to Judge Anas Hmedi and from his place of residence," she said.
Satterthwaite said these serious breaches of international human rights law continued during the trial itself, since Judge Anas Hmedi and his lawyers were denied access to case file documents. A decision was also issued to close the investigation without hearing his response to the charges brought against him at the trial session. The expert added that the court acted to expedite the verdict without giving Judge Hmedi and his lawyers sufficient time to prepare his defense.
"The misuse of legal proceedings and criminal law to silence those defending judicial independence and to use the tools of the justice system as reprisals is a violation of the right to fair trial for all in Tunisia," the Special Rapporteur warned. "When sanctions are imposed on the president of a judicial association for actions taken to protect judicial independence, the message to the entire judiciary, and to the public, is one of intimidation."
"The international community must remain vigilant. This is unfortunately not the first time that I have urged Tunisia to comply with international standards providing that judges be able, individually and collectively, to participate in public debate on the organisation, functioning, and independence of the judiciary, in accordance with their duties of discretion and responsibility, without fear of pressure, deterrent measures, or legal proceedings that could impede the exercise of their functions," she said.
"Judges should not face prosecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics."
The expert has been in touch with Tunisia about her concerns.
