The President’s decision to unilaterally dismiss 57 judges is an affront to the rule of law and the independence of the judiciary in Tunisia and must be repealed, the International Commission of Jurists (ICJ) said today.
This is what emerges from a press release made public by the International Commission of Jurists (ICJ), consulted by the Anadolu Agency.
On June 1, President Saïed issued Presidential Decree No. 35 allowing him to unilaterally dismiss any judge on the basis of vague and undefined criteria, without due legal process or the possibility of appealing the decision in court. He then immediately dismissed 57 judges under Presidential Ordinance No. 516, including the President of the former Superior Council of the Judiciary, Youssef Bouzakher, the same source reads.
The ICJ pointed out that the decree violated the fundamental principle of the rule of law, the separation of powers, in that it impinged on both the authority of the judiciary to administer itself and the power of the Parliament to establish the legal framework within which the administration of justice operates in the country.
Rather than relying on conclusive evidence for the removal action through an open and fair process, conducted by an independent body, the decision appears to have been based on vague allegations of corruption and misconduct, not supported by procedures initiated as part of due process, the ICJ said.
The unilateral and collective dismissal of 57 judges by presidential decree, without any procedure or the possibility of appeal, effectively puts an end to any semblance of judicial independence and the rule of law in Tunisia. “The President says he is taking these steps to preserve the reputation and independence of the judiciary, but his actions are doing the exact opposite,” said Said Benarbia, director of the ICJ’s MENA program.
“Because no judge is safe in Tunisia today, neither are the rights and freedoms of Tunisians. The international community must denounce the arbitrary dismissals of judges and call for a return to constitutional order, notably through the re-establishment of an independent Superior Council of the Judiciary”.
Under international standards, all disciplinary, suspension or removal proceedings against judges must be determined by an independent body and must be undertaken under judicial rather than executive auspices. Removal must be in accordance with established standards of judicial conduct and procedures that guarantee the rights of judges to a fair trial, including their right to the presumption of innocence, the rights of the defense and the right to appeal, according to the ICJ.
