Women Journalists Without Chains (WJWC) strongly condemns the brutal and humiliating attack on Judge Hamadi Rahmani on December 2, 2024.

He was arrested using excessive force in front of his family, in clear violation of the Tunisian Constitution and international standards. This attack is part of a systematic effort to undermine the independence of the judiciary and intimidate independent judges, posing a serious threat to the justice system and human rights in Tunisia.

On the morning of December 2, security forces violently arrested Judge Rahmani from his car near his home, handcuffing him and tearing his clothes in the presence of his family. His wife, a lawyer, was also assaulted when she attempted to document the incident, resulting in the confiscation of her mobile phone. According to a statement from the Tunisian Judges Association issued on December 4, this arrest was based on six warrants issued without legal basis, despite the Administrative Court’s decision in August 2022 to suspend Judge Rahmani’s dismissal order.

The Tunisian Judges Association characterized the recent arrests of several judges as a "flagrant violation of the constitution and national laws," emphasizing that these actions severely infringe upon the principle of judicial immunity guaranteed by Tunisian law. Meanwhile, the Justice Committee confirmed that the Dean of Investigating Judges at the Court of First Instance in Tunis issued arrest warrants against Judge Rahmani, executed in a violent and humiliating manner.

WJWC also documented the assault on the judge's wife during the incident, where she was beaten and her phone was confiscated. These events reflect serious violations of the rights of lawyers and undermine their ability to perform their duties without harassment, which contravenes international standards for the protection of justice.

Furthermore, WJWC's team in Tunisia reported that Judge Youssef Al-Hammadi is facing similar treatment as part of the authorities' efforts, led by President Kais Saied, to dominate and interfere with the judiciary. The team referenced the President's decisions to dissolve the Supreme Judicial Council on February 12, 2022, and to dismiss 57 judges on June 1, 2022, while ignoring judicial rulings issued in favor of 49 of these judges. This reveals the extent of interference that threatens judicial independence and undermines the rule of law in Tunisia.

A joint statement issued by several Tunisian organizations, including the Tunisian Judges Association, the Tunisian League for Human Rights, and the Tunisian Association of Democratic Women, accused the Ministry of Justice of seizing judicial powers and exerting control over the Provisional Judicial Council. The statement highlights that the Ministry has been issuing transfer, promotion, and appointment memoranda without a clear legal framework, actions that bolster the influence of the executive authority while undermining judicial independence.

The statement also details violations faced by independent judges presiding over cases involving political and human rights activists during the 2023-2024 judicial year. These practices violate Tunisia's international obligations, including Article 102 of the Constitution, which guarantees judicial independence. The judiciary is intended to be an autonomous authority that ensures justice, upholds the Constitution, enforces the rule of law, and safeguards rights and freedoms. Judges must operate independently and are subject only to the law.

Additionally, Article 27 of the Constitution guarantees the right to defense and a fair trial, stating that “the accused is presumed innocent until proven guilty in a fair trial that provides all necessary guarantees of defense throughout the prosecution and trial stages.” This principle aligns with the International Covenant on Civil and Political Rights, which mandates that detainees be treated with dignity and respect. The current situation contradicts the United Nations Basic Principles on the Independence of the Judiciary, which prohibit any political or security interference in judicial matters, representing a significant regression in Tunisia's commitment to human rights and constitutional principles.

WJWC issues the following recommendations to the Tunisian authorities regarding Judge Hamadi Rahmani’s case:

• The immediate and unconditional release of Judge Hamadi Rahmani and a complete cessation of all arbitrary measures against him and his family.
• The conduct of a fully independent and transparent investigation into the attacks and reported medical negligence suffered by Judge Rahmani, with those responsible held accountable.
• An end to all forms of political and security interference in the judiciary, ensuring its complete independence and impartiality.
• The full upholding of the judicial immunity guaranteed to Judge Rahmani under the Tunisian Constitution and relevant international agreements.

WJWC further urges the international community and human rights organizations to exert pressure on the Tunisian authorities to ensure compliance with these recommendations and to prevent further violations of human rights and judicial independence.

Released by:

Women Journalists Without Chains

December 11, 2024