In the press release reproduced below, published Friday, May 31, 2024, independent experts from the United Nations believe that “the violent detention and arrest of lawyers Sonia Dahmani and Mehdi Zagrouba at the headquarters of the Tunisian Bar Association, and the prevention of an eminent judge from participating in an international meeting, are unacceptable violations of fundamental rights that must be stopped.” (Illustration: protest march of lawyers in Tunis on May 16, 2024).
“We are shocked to note that during his hearing, Mr. Zagrouba had marks of blows, bruises, and scratches on different parts of his body, in particular on his right shoulder, his back, his legs, his arms, and his fingers. » declared these experts. “During the procedure, Mr. Zagrouba’s state of health deteriorated rapidly, he began to vomit, then he lost consciousness,” they added.
Need immediate medical attention
The experts called for Zaghrouba to receive immediate medical attention and for an independent investigation, adding that the ban on torture is absolute.
“We note with concern that Judge Anas Hmedi, president of the Association of Tunisian Magistrates (AMT), was denied his request for leave to attend the annual meeting of the International Association of Judges in Africa in May”, said the experts.
“We are particularly concerned by the fact that the refusal of the Ministry of Justice contained no justification and restricted the union activities of the AMT by refusing its president the leave necessary for his official trip,” they added.
According to them, these detentions, the raids on the bars, and the refusal to grant leave to the president of the AMT constitute excessive restrictions on the right to freedom of opinion and expression, as well as the rights to freedom of peaceful assembly and association for lawyers and judges in Tunisia.
“We fear that these actions constitute retaliation against Judge Anas Hmadi for exercising his rights to freedom of peaceful assembly and association,” they said. And added: “In accordance with international human rights law, members of the judiciary have the right, like any other person, to freedom of expression, association, and peaceful assembly. ”
“We are deeply concerned by the negative impact of recent executive actions on judicial independence, the right to a fair trial, and access to justice for all in Tunisia,” the experts explained.
Independence of Justice
The Special Rapporteurs indicated that the Ministry of Justice began to use the mechanism of working notes, arbitrarily and outside of any legal framework, to modify the composition of the courts, their presidents, judges of the public prosecutor, investigating judges, and judicial chambers.
“We are all the more concerned that these notes follow interrogations of judges by the General Inspectorate of the Ministry of Justice and undermine the independence and impartiality of judicial work. These changes in the middle of the judicial year appear to be retaliation or punishment,” they said.
They expressed concern about the independence of the judiciary after President Kaïs Saïed dissolved the Superior Council of the Judiciary in February 2022 and summarily dismissed 57 judges in June 2022.
“We urge the government to end all unjustified restrictions on the legitimate exercise of the rights to freedom of peaceful assembly and association of judges and lawyers in Tunisia. We remain available for a constructive dialogue on these crucial issues,” said the experts, who wrote to Tunisia on this subject.
*Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; Gina Romero, Special Rapporteur on the rights to freedom of peaceful assembly and association; Irene Khan, Special Rapporteur on freedom of opinion and expression; Mary Lawlor, Special Rapporteur on the situation of human rights defenders.
