The International Association of Judges (IAJ/UIM) expresses its deep concern regarding the criminal proceedings against Judge Anas Hmedi, President of the Tunisian Judges Association, in view of the hearing scheduled for 2 April 2026.
The information brought to the attention of the IAJ reveals not merely isolated irregularities, but a consistent pattern of serious procedural violations that fundamentally undermine the rule of law and the guarantees of a fair trial.
The prosecution was initiated in clear disregard of the principle of judicial immunity, without valid authorization from a legitimate judicial body and despite pending legal challenges that should have led to the suspension of the proceedings.
The very basis of the criminal case is deeply questionable, as it relies on a complaint lacking direct personal knowledge or harm, raising serious concerns of manipulation and instrumentalization of criminal justice mechanisms.
Equally troubling is the repeated and unjustified transfer of the case between jurisdictions, in apparent violation of the principle of the natural judge. Such actions, including the relocation of the case to courts far away from Judge Hmedi’s place of residence, strongly suggest forum manipulation and a departure from basic guarantees of judicial impartiality.
The rights of the defence have been systematically disregarded. Judge Hmedi was denied the opportunity to be properly heard during the investigation, deprived of effective access to the case file, and summoned under conditions incompatible with the minimum guarantees necessary to prepare a defence.
Furthermore, the context in which these proceedings have been initiated and conducted raises serious concerns that the prosecution may constitute a form of retaliation for Judge Hmedi’s legitimate activities as President of the Tunisian Judges Association, particularly in connection with his role in representing judges and expressing positions on matters affecting judicial independence.
In this regard, the IAJ recalls that, under international standards, judges have the right to freedom of association. In particular, the UN Basic Principles on the Independence of the Judiciary expressly recognize the right of judges to form and join associations of judges to represent their interests, promote their professional development, and defend judicial independence. Any form of pressure, sanction or prosecution linked to such legitimate activities is incompatible with these fundamental principles.
The cumulative effect of these violations — including reliance on a discredited complaint, procedural acceleration, and the involvement of judicial appointments under legal challenge — leads to a deeply troubling conclusion: the proceedings bear the hallmarks of a process in which the outcome appears to be predetermined, depriving the accused of an effective right of defence.
Such circumstances are incompatible with the fundamental principles of judicial independence, due process, and equality before the law, as enshrined in international human rights standards.
In light of the above, the IAJ urges the Tunisian authorities, in the strongest possible terms, to:
• immediately suspend the ongoing prosecution against Judge Anas Hmedi;
• ensure full respect for the guarantees of a fair trial;
• refrain from any form of retaliation against judges for their legitimate associative activities;
• and safeguard the independence and impartiality of the judiciary.
The IAJ will continue to monitor this case with the utmost attention and calls upon the international community to remain vigilant in the face of developments that may seriously affect the independence of the judiciary in Tunisia.
This statement is being brought to the attention of the United Nations Special Rapporteur on the Independence of Judges and Lawyers and relevant United Nations human rights mechanisms.
