Tunisia’s Escalating Crackdown on Judicial Independence: The Case of Judge Anas Hmedi
Tunisian authorities are intensifying their pressure on judges who have spoken out against President Kais Saied’s actions impacting judicial independence, with Judge Anas Hmedi, President of the Association of Tunisian Magistrates (AMT), becoming a central figure in this crackdown. Facing multiple criminal proceedings, Hmedi’s case highlights a broader trend of harassment and reprisal against those defending the rule of law in Tunisia.
Background: Erosion of Judicial Independence
The situation escalated significantly after President Saied dissolved the High Judicial Council in 2022 and dismissed 57 judges and prosecutors, accusing them of corruption and obstructing terrorism investigations. Despite a ruling by the Tunis Administrative Tribunal ordering the reinstatement of 49 of these judges, the Ministry of Justice has yet to comply.
The AMT, founded in 1990, has been a vocal opponent of these measures, actively defending judicial independence and advocating for reform. Since 2022, Hmedi, as President of the AMT, has faced disciplinary and criminal proceedings, as well as an online defamation campaign, in direct response to the association’s work challenging executive interference.
Current Charges and Legal Battles
Judge Hmedi is currently facing charges of “obstructing freedom to work” under Article 136 of the Penal Code, a charge frequently used to deter participation in strikes, and protests. The case originated from allegations of inciting judges to strike in June and July 2022 following the dismissals. He was indicted without being interrogated by the investigative judge, raising concerns about due process.
In addition to these charges, Hmedi is also facing criminal defamation-related investigations initiated by the Public Prosecutor at the Court of First Instance in Tunis, bypassing constitutional safeguards for judges. These investigations followed Hmedi’s criticism of recent court verdicts against political opposition members and warnings about the political instrumentalization of the judiciary.
On March 26, 2026, Judge Hmedi is scheduled to stand trial on the initial charges of “obstructing freedom to work.” If convicted, he risks a sentence of up to three years in prison.
International Condemnation
The prosecution of Judge Hmedi has drawn strong condemnation from international organizations. Amnesty International has called for the immediate dropping of all charges, stating that they stem solely from the peaceful exercise of his human rights to freedom of expression, peaceful assembly, and association.
The International Commission of Jurists (ICJ) has also condemned the arbitrary criminal proceedings against Hmedi, viewing them as retaliation for his defense of judicial independence. UN experts have expressed similar concerns, warning that prosecuting judges for expressing their views undermines the rule of law. The International Association of Judges (IAJ) has voiced its support for Hmedi and the AMT.
Risks to the AMT
The AMT itself is facing increasing scrutiny from Tunisian authorities. In January 2026, the association received warnings from the Prime Ministry alleging non-compliance with association laws, including claims of operating outside its mandate and supporting political actors. Despite providing documentation to refute these claims, the AMT remains at risk of suspension and dissolution, a fate shared by many human rights associations in Tunisia.
“Since President Kais Saied dissolved the High Judicial Council and dismissed judges based on vague accusations in 2022, the harassment of judges and the unlawful interference in their work has continued in a bid to stifle peaceful dissent and make accountability unattainable,” said Sara Hashash, Deputy Regional Director for the Middle East and North Africa at Amnesty International.
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