Tunisia’s President, Kais Saied, has issued a decree establishing a new provisional Supreme Judiciary Council, immediately replacing the body he abolished and granting himself additional powers to control the country’s top judicial organisation.
The decree, published on Sunday, February 13, 2022, says the President controls the selection, appointment, promotion, and transfer of judges and can act in certain circumstances as a disciplinary body in charge of removals. Contrary to international law, none of the judges appointed in the new council will be elected.
It also forbids judges from going on strike, a form of dissent used to protest President Kais Saied’s February 6, 2022 announcement that the council would become “a thing of the past”.
Later on Sunday, February 6, 2022, protesters took to the streets of the capital, Tunis, as part of a march organised by the country’s biggest political party, Ennahda and a separate civil society organization, scheduled prior to the decree being made public.
Waving Tunisian flags, some chanted “Shut down the coup… take your hands off the judiciary”.
One of the protesters, Nadia Salem, told reporters that “what has happened is the completion of the coup… Tunisia has become a nascent dictatorship after being a nascent democracy”.
On Thursday, February 10, 2022, Saied appeared to be backpedalling when Justice Minister, Leila Jaffel told national television that the judicial body would be reformed rather than abolished.
But President of the Association of Tunisian Judges, Anas Hamadi, told reporters that Sunday’s (February 13, 2022) presidential decree meant Saied abolished the “legitimate council” and “installed a new council obedient to the executive power” despite the absence of legal grounds in doing so.
“The work of this council is subject to the will of the president, there are no elected members. The president has the right to veto over the work of this body and to overturn its decisions. This is a blatant and clear overtaking of the judiciary power that goes against democratic principles.”
President of the Association of Tunisian Judges, Anas Hamadi
Sunday’s (February 6, 2022) protests followed a two-day strike launched on Wednesday, February 9, 2022, by the Association of Tunisian Judges that was widely observed nationwide.
Hamadi said a “crisis cell” has been created within the association to discuss the actions going forward after the president “prohibited the right to strike” enshrined in article 36 of the constitution.
The International Court of Justice (ICJ) on Twitter said the decree “consolidates power in the hands of the President,” effectively ending “any semblance of judicial independence in the country.”
“It brings Tunisia back to its darkest days, when judges were transferred and dismissed on the basis of executive whim,” the ICJ said, calling the decree “unconstitutional and illegal.”
Tunisia often lauded as the only democracy to emerge from the 2011 Arab Spring revolts, has seen some of its gains reversed since Saied was elected president with almost 73 percent of the vote in a runoff election in October 2019.
Saied, who has put fighting corruption at the heart of his programme, said that removing the judicial council was necessary as Tunisians wanted the country “cleansed”.
He has said his actions were temporary but has not specified a fixed term for the newly formed provisional council.
A Tunis-based journalist, Elizia Volkmann told the media that Saied’s decree “seems to be consolidating the three main powers of state” after provisions laid out in September 2021, granted him executive and legislative powers.
The judiciary has firmly opposed Saied’s political manoeuvrings since July 25, 2021, when he sacked Prime Minister, Hicham Mechichi and suspended parliament.
“This week everything has come to a head,” Volkmann said.
The council filed a court case against the Ministry of Interior to demand the keys to its headquarters, which was locked by police a day after Saied announced the body was “a thing of the past.” A hearing was held on Friday, February 11, 2022, but no verdict has yet been issued. Volkmann said that while Sunday’s (February 6, 2022) protests were expected to be peaceful, anger at the new decree might spark riots similar to the ones that ousted Tunisia’s for President, Ben Ali on January 14, 2021.
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