اخبار تونس- وطن نيوز

اخر اخبار تونس اليوم – اخبار تونس العاجلة

W6nnews.com  ==== وطن === تاريخ النشر – 2026-05-26 02:56:00

Below is the comment by Ms. Amira Al-Khamiri, a lawyer, in response to the statement issued today, Monday, by the Judges’ Association: “I will not ignore and say that the judges did not support the lawyers’ strike, as some have said, despite the seriousness of the goals of the strike and the seriousness of the demands of professional lawyers, which many sought to distort and politicize. I will not ignore and deny the solidarity of many of the judges with us, because many of them agreed to delay the sessions in response to the demands of some fellow lawyers whose insurance was signed on Our files are a protection for the rights of litigants. It carries with it solidarity… Then… whatever it is, the principles are indivisible… and the right holder, whatever his description, the balance of power will inevitably tip towards him… Judges, as well as lawyers, as litigants, as well as court clerks… are all victims of the deterioration of the justice facility, strategically, systematically, technically, and even at the infrastructure level… and no one can ignore how the work notes were. And the arbitrary transfers over recent years are a sharp sword on their necks and on the necks of the blind, deaf, and lame justice. I declare my absolute solidarity with the content of the statement issued by the Tunisian Judges Association, which will inevitably be adopted by the majority of judges because it strongly represents them, and I am almost certain that only those living in the system of instructions with the registration of a silent group will oppose it, accustomed to silence because they are accustomed to seizing the spoils without entering the battlefield.. *Amira Saleh. Al-Khamiri, the lawyer, commenting in Tunisia, as a reminder: The following is the statement of the Tunisian Judges Association issued on Monday, May 25th: The judicial situation in the era of work memorandums and the absence of the Supreme Judicial Council. The executive authority’s persistence in undermining the foundations of justice. The Executive Office of the Tunisian Judges Association and its follow-up of the general judicial situation during the judicial year 2025/2026. And based on the outcomes of the fifteenth conference of the Tunisian Judges Association held on February 7 and 8, 2026, which In it, the conference judges expressed their great concern over the absence of constitutional institutions guaranteeing the independence of the judiciary and judges, the most important of which is the Supreme Judicial Council, and the continuing freeze in the activity of the Interim Supreme Council for the Judicial Judiciary as a result of the vacancies occurring in senior judicial positions and the failure to replace them since the year 2023, and the resulting random management of the professional paths of judicial judges and their dependency through work memorandums on the sole will of the Ministry of Justice, as well as the continued obstruction of the direct work of new members of the Interim Council for the Financial Judiciary and the resulting complete paralysis since For more than a year, and after monitoring that the Ministry of Justice continued to issue massive and frequent work memos related to the transfer of judges from various ranks and outside of any legal framework that allows it to do so, despite the clear effects of those memos on the efficiency of judicial work and on the citizen’s right to access to efficient justice, such as the impact of these illegal and random memos on the abilities of the judges included in them to perform their work as a result of instability, whether in the duty station or in the jurisdiction, the following is noted: First: Regarding the work memos, and reminding the Executive Office of the data. The precedent issued for this purpose, the most important of which is the statement dated September 9, 2024, in which the association revealed the Ministry of Justice’s complete acquisition of the powers of the Judicial Judicial Council and its work to control the judicial authority, and the statement dated February 17, 2025, in which the association explained the catastrophic situation that the Tunisian judiciary is experiencing as a result of the continued reliance on the mechanism of illegal work warrants with the aim of bringing about fundamental changes in the composition of the courts, as well as the statement issued on October 7, 2025, in which the association revealed the extension of the Ministry of Justice. Its grip on judges showed that the work memos violate Chapter 121 of the 2022 Constitution, and the Executive Office notes the frequency of issuance of work memos in the recent period, which numbered approximately 1,700 memos, which, after investigation and investigation, revealed that the Ministry of Justice had adopted in a number of them an approach of harassment, revenge, and disguised punishment, including, for example: 1 – A number of memos arbitrarily included judges on the grounds of their union activity on the occasion of They and others were nominated for membership in the Executive Office of the Tunisian Judges Association on the basis of their adherence to their freedom of expression and revealing to public opinion the outcome of the situation of the judiciary, including what was issued due to judges’ adherence to their impartiality and the independence of their decisions. 2- A number of judges were included in a short period and without a known reason more than a work memorandum, and some of them were transferred several times away from their residences without taking into account the precedence of their response to the requirements of the work interest and their work in internal courts and without. Subjecting them to any objective and statistical criteria with other judges. 3- A number of work memos took the form of disguised punishments and double punishments that affected the acquired rights of judges in the ranks they attained in view of their seniority and the responsibilities assigned to them, so their content exceeded the consequences of disciplinary punishments, as one memorandum combined transfer from the work station, demotion, and stripping of responsibility. 4- Some memos were issued as a form of favoritism and were taken in the form of rewards for some, such as assigning a plan to the head of a court A trial plan, a public prosecutor’s plan, and a chief of appeals circuit plan for judges from the 15th, 16th, 17th, 18th, and 19th batches at the expense of their colleagues from the first and advanced batches of graduates of the Supreme Judicial Institute, and without taking into consideration in some of them the standards of competence, seniority, and independence. 5- The issuance of work memorandums at this increasing pace and throughout the judicial year harmed the interests of the litigants through the vacancies it created in many important and sensitive positions and emptying out many investigation offices without. Compensation and its reason for dissolving the negotiations in the files reserved for the ruling due to the transfer of a member of the governing body, which increased the litigation deadlines and disrupted the litigants’ access to their rights. Second: With regard to the circulars issued by the Minister of Justice related to the procedures for the travel of judges and their participation in seminars and scientific and cultural activities, according to the Minister of Justice’s publication No. 210 of 2026 dated 4/22/2026 regarding determining the procedures for the participation of judges in scientific and cultural activities and the practice of teaching activity and linking any desire to participate in it. Any scientific or cultural activity or any desire to practice teaching activity must obtain a prior license from the Ministry of Justice. It is worth remembering that Chapter 16 of the Basic Law for Judges limits the requirement to obtain a license from the Minister of Justice to teaching activity only, and this duty does not extend to the right to participate in scientific and cultural activities in which every judge wishes to participate according to his qualifications and intellectual and cultural inclinations. The Executive Office reminds that the content of the aforementioned circular, in addition to its illegality, indicates a clear desire from the Ministry of Justice to impose prior control on the activities of judges in all fields. And depriving them of their natural right to exercise their citizenship by enriching the scientific or cultural field with their contributions and opinions. The Executive Office also notes that Circular No. 208 dated March 24, 2026, relating to regulating the procedures for the travel of judges, violates the provisions of Chapter 39 of the Basic Law for Judges, as was amended in accordance with Basic Law No. 13 of 2012 dated August 4, 2012, which grants judges the right to travel and leave the territory of the Republic while imposing a duty to inform. The president of the court of the judge’s work station is nothing else, and therefore every condition or procedure imposed by the aforementioned circular is without effect and is not binding on judges. The Executive Office considers that the content of the circular aims to restrict judges and impose illegal control on their constitutional right to move inside and outside the country. Accordingly, the Executive Office first: confirms that the work memorandums issued by the Minister of Justice, in addition to the clear legal violations they contain, have deteriorated the status of Tunisian judges in terms of professional guarantees to an unprecedented state of nonexistence. Paying attention to their family and health conditions and their physical safety by forcing them to move to work in courts that are hundreds of kilometers away from their places of residence. Second: It makes clear that the effects of these memos go beyond the person of the judge concerned with them and include most of the judges who, in turn, are now living under the burden of expectation in the absence of guarantees, which makes them vulnerable to pressure and intimidation, which would reflect negatively and seriously on their independence and professional performance as a result of their professional path being dependent on an arbitrary decision. Thirdly, it is pointed out that the frequency and abundance of memorandums has exceeded the level of infringement on the rights of judges and has clearly and seriously undermined the rights of litigants without regard to that on the part of the Ministry of Justice, after it became clear that most of them are not based on objective justifications related to the interest of work or the needs of the courts from the judicial framework, which has resulted in courts being flooded with a number of judges greater than their need compared to other courts that witness an increase in the number of cases published in them, and the issuance of work memorandums throughout the judicial year. The huge amount, with a temporary rule, has led to tampering with the proper functioning of the justice facility and the rights of litigants, and has caused disruption to the functioning of judicial departments at various levels and in all jurisdictions, and has greatly affected the adjudication of cases in the best possible time, and has been unfair to the right of litigants to complete justice. Fourth: It calls on the executive authority to respect the constitution and the law and to stop violating them in relation to the powers due to the constitutional institutions supervising the judiciary, such as to stop interfering in any way in the professional paths of judges out of respect for the principle. Fifth: It is noted that the judicial year 2025/2026 is approaching its end, and in the normal situation this period was supposed to be devoted to preparing the annual judicial movement by the Supreme Judicial Council through studying the statistical data and the needs of the courts according to each grade and class and publishing the competency table for promotion from one rank to another, such as publishing judicial plans and opening the door to candidacy and debate between judges in accordance with the standards set by the regulatory decisions issued by it. However, it is seen with great sadness the absence of the normal movement to which judges are accustomed. It is imposed by law and international standards for the independence of the judiciary. It renews its demand for the necessity of establishing the Supreme Judicial Council with all its components, as it is the primary guarantor of the proper functioning of the judiciary and the independence of the judiciary, including the Judicial Council as the only body authorized to consider the professional path of judicial judges, including nomination, promotion, transfer, and discipline, with the aim of preparing for a judicial movement that has been absent by the executive authority for the third year in a row. Sixth: It calls on the Ministry of Justice to stop its authoritarian approach, which has dangerously developed from the stage of excessive authority to the stage of excessive arbitrariness. He renews his call on the political authority to review its policy in dealing with the judiciary in accordance with what is guaranteed by the law and international standards for the independence of the judiciary. Seventh: It is recorded that an order to promote sixty judges from the Administrative Court from the 2017 batch and eleven judges from the 2018 batch continues despite the approval of the Administrative Judicial Council and its referral to the President of the Republic since August 2024 and August 2025, such as the failure to issue an order to create two primary circuits and the failure to fill many vacancies in the primary circuits. Eighth: It is recorded that the executive authority continues to obstruct the issuance of the nomination of the first president of the Court of Accounts despite the completion of the procedures for proposing the nomination by the Interim Council for the Financial Judiciary since November 2022, the remaining of the Court without a first president for a period of more than three years, and the complete paralysis at the level of the Interim Council for the Financial Judiciary for more than a year due to the disruption of the direct work of its new members who were named in the judicial movement for 2024-2025, which resulted in a systematic obstruction of the judiciary. The Finance Ministry, in accordance with the requirements of its independence included in Basic Law No. 41 of 2019, as a supreme body for monitoring the proper management of public funds in accordance with the guarantees of required international standards. Ninth: It notes with satisfaction and appreciates the adherence of a number of judges subject to arbitrary transfer to their impartiality and the independence of their decisions, and renews its call to all judges to adhere to the nobility of their mission and adhere to the application of the law without regard to the pressures placed on them in order to preserve their dignity and preserve their rights. Litigants and their freedoms. He also renews his call for judges to rally around their association and inform it of all the harassment and abuse they suffer from the Executive Office, President of the Association, Anas Al Hammadi