(Tunis) – The Justice Ministry of Tunisia has not responded to requests for access to files about the dismissal of 75 judges in May. The judges should have a fair hearing and access to their own case files so they can see the reasoning for their dismissal and prepare an adequate appeal.
In a letter dated December 20, 2012, Human Rights Watch reiterated a request it made when meeting on December 3, 2012, with Noureddine Bhiri, Justice Minister in the provisional government, about the issue. In the letter, Human Rights Watch requested access to the case files, supported by written consent from 10 of the dismissed judges. The judges said they had been denied access to the files and as a result, did not know the grounds for their dismissal and could not effectively appeal it. But in the more than three weeks since, there has been no response from the Justice Ministry to the letter.
“The lack of transparency in dismissing judges undermines a key component of judicial independence,” said Eric Goldstein, deputy Middle East and North Africa director at Human Rights Watch. “Disciplinary measures need to be carried out both with transparency and with an opportunity for redress.”
Based on interviews with the 10 dismissed judges, Human Rights Watch concluded that the executive branch decision to dismiss 75 judges was unfair and arbitrary. The dismissed judges described to Human Rights Watch disciplinary proceedings at the Justice Ministry that ignored the minimal requirements for fairness and transparency and violated international standards designed to safeguard the independence of the judiciary.
The initial apparent infringement of the judges’ rights to a fair hearing is compounded by the Justice Ministry’s lack of transparency and its denials of access to the case files, which presumably contain evidence of alleged wrongdoing. In addition, at least two of the judges say they sent letters to the Justice Ministry in July requesting the minutes of their hearings before an internal commission consisting of five ministry inspectors as well as the evidence in possession of the ministry. They have received no answer.
“While it is reasonable to scrutinize judges who served during the presidency of ousted president Zine el-Abidine Ben Ali, the Justice Ministry’s dismissal of these judges arbitrarily and without disclosing evidence is a blow against judicial independence, not for it,” Goldstein said.
