Press Release
The Committee for Justice (CFJ) has documented a series of security and judicial violations that marred the arrest of Tunisian judge Hamadi Rahmani, pointing out that the process involved clear breaches of the constitution and the law.
– A violent and humiliating arrest:
CFJ stated that the Chief Investigating Judge at the Tunis Primary Court issued arrest warrants against Judge Rahmani, prompting security forces to carry out a violent and humiliating arrest. The arrest involved tearing his clothes, handcuffing him in front of his family, and physically assaulting his wife, a lawyer, who attempted to document the assault on him before her mobile phone was confiscated.
According to legal sources, a large number of security officers went to Judge Rahmani’s house in the early morning hours of December 2. Attorney Ibrahim Balgith reported that the officers monitored the house for some time before forcibly arresting Rahmani from inside his car, despite him identifying himself and his status as a judge. He added that Rahmani’s wife, also a lawyer, was subjected to violence when she tried to intervene.
Subsequently, the Chief Investigating Judge at the Tunis Primary Court decided to release Rahmani, who had been issued a dismissal order, pending further investigations.
– An erosion of freedom of expression:
Regarding the charges against Rahmani, a member of his defense team, Ayachi Al-Hamami, stated that the investigation arose from six complaints filed by the former President of the Court of Cassation, Tayyib Al-Rashid, concerning content Rahmani posted on social media. Al-Hamami clarified that the charge against his client relates to “insulting others through social networks,” which reopens the debate on judges’ freedom of expression and their role in exposing violations within the judicial system.
– Judges’ rejection of the actions:
In the same context, the Tunisian Judges’ Association affirmed in a statement that the issuance of arrest warrants against Rahmani by the Chief Investigating Judge, without adhering to legal guarantees, constitutes a “blatant overreach” of authority and a violation of constitutional rights granted to judges, including judicial immunity.
The association stressed in its statement that the decision was issued despite a ruling from the Administrative Court in August 2022 to suspend the execution of Rahmani’s dismissal order, thereby restoring his judicial status. This, they argued, renders the arrest warrants and their enforcement illegal.
– Human rights condemnation and calls to end arbitrary measures:
CFJ describes the scene as reflective of a sharp decline in respect for human rights and judicial independence in Tunisia. The committee also highlights the blatant interference of security agencies in judicial affairs, warning that this threatens the independence of the judiciary and weakens safeguards ensuring the impartiality and protection of judges from political interference.
CFJ asserts that these events occur within a broader context of increasing restrictions and targeting of judges over several years, which it describes as a “systematic policy” by the executive authority to control the judiciary and weaken its institutions.
CFJ calls for an independent and transparent investigation into the violations in Rahmani’s case, stressing the importance of respecting constitutional guarantees ensuring the independence of judges and halting any political or security interference in their work to safeguard human rights and the stability of democratic institutions in the country.
