UN Expert Raises Alarm Over Jailing of Tunisian Judge, Warns of Threat to Judicial Independence

The Special Rapporteur warned that the case sends a chilling message to judges across Tunisia.

A United Nations human rights expert has expressed grave concern over the sentencing of Tunisian judge Anas Hmedi to four years in prison, warning that the case signals a dangerous erosion of judicial independence and the rule of law in Tunisia.

Hmedi, a judge at the Monastir Court of Appeal and president of the Tunisian Judges Association, is set to begin serving his sentence on charges of “obstructing freedom to work”—a move the UN says may constitute reprisal against the judiciary.

“Punished for Defending Judicial Independence”

Margaret Satterthwaite, UN Special Rapporteur on the independence of judges and lawyers, said the case raises serious human rights concerns.

“Judge Hmedi is being punished simply for defending judicial independence,” she stated.

The charges stem from actions taken by Hmedi in his role as head of the Judges Association, including involvement in a judicial strike protesting the dismissal of 57 judges by presidential decree in 2022—a move widely criticised at the time.

Allegations of Irregularities and Political Interference

The UN expert highlighted multiple procedural flaws in the case, pointing to what she described as serious breaches of fair trial standards, including:

• The case being initiated based on a false complaint

• Venue transfer to a court far from both the alleged incident and Hmedi’s residence

• Denial of access to case files for Hmedi and his legal team

• Closure of the investigation without hearing his response

• Expedited proceedings limiting time to prepare a defence

“These irregularities undermine the integrity of the judicial process,” Satterthwaite said.

Warning of Broader Impact on Judiciary

The Special Rapporteur warned that the case sends a chilling message to judges across Tunisia.

“When sanctions are imposed on the president of a judicial association for defending judicial independence, it creates an atmosphere of intimidation—not only within the judiciary but for the public at large,” she said.

She cautioned that using criminal law to target judges for professional actions constitutes a misuse of the justice system and undermines the right to a fair trial for all citizens.

International Standards at Risk

Satterthwaite emphasized that under international human rights law:

• Judges have the right to participate in public debate on judicial matters

• They must be protected from retaliation or undue pressure

• They should not face prosecution for actions taken in line with professional duties and ethics

“Judges must be able to perform their functions without fear of legal reprisals,” she said.

Call for Global Vigilance

The UN expert urged the international community to remain vigilant, noting that this is not the first time concerns have been raised about judicial independence in Tunisia.

She called on Tunisian authorities to:

• Uphold fair trial guarantees

• Ensure judicial autonomy

• Refrain from actions that could undermine the rule of law

Ongoing Engagement

Satterthwaite confirmed she has been in contact with the Tunisian government regarding the case and will continue to monitor developments closely.

The case is expected to draw increased international scrutiny as Tunisia faces growing questions about governance, legal independence and human rights protections.