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Tunisia Judges’ Syndicate warns against employing individual violations to confuse judicial institution

August 14, 2021 at 2:04 pm

A group of judges gather to protest against the government’s agreement with the Tunisian Judges Association in front of the Justice Palace, in Tunis, Tunisia on December 21, 2020. [Yassine Gaidi – Anadolu Agency]

The Tunisian Judges’ Syndicate on Friday warned of: “The danger of employing individual violations committed by any judge, which require penal and disciplinary accountability, to confuse the judicial institution or harm the integrity and sense of responsibility of the rest of the judges who perform their professional and national duty with honesty and honour.”

A statement published on Facebook by the syndicate stressed that: “All citizens are equal before the law, regardless of their stances, qualities, and positions.” The statement confirmed the judges’ permanent adherence to the principle of accountability in accordance with the law without defamation, whims, loyalties or calculations, within the framework of respecting the right of defence and the right to a fair trial.

The statement called for: “Avoiding campaigns of defamation and scepticism and the resulting weakening of state institutions, especially the judicial institution. Despite individual transgressions that are subject to the principle of accountability, the judiciary remains a guarantee to preserve citizens’ rights, freedoms, security and safety by combating corruption, confronting terrorism and combating crime.”

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The syndicate urged the Supreme Judicial Council to: “Assume its full responsibilities to reform the judicial system in light of this historical stage that requires concerted efforts to uphold the rule of law and institutions.” It also pressed the sovereign body to: “Accelerate the process of judges’ transfer mechanism in a fair and responsive manner to the people’s aspirations in an impartial, just and effective judiciary.”

The statement emphasised the importance of: “Actual and honest work to overcome all the breaches that plagued the judicial system while preserving and developing its gains.” The judges’ syndicate previously presented proposals to contribute to the reform of the judicial institution, including proposing a basic law for judges, the judicial council and the inspection authority, creating working teams comprising judges and experts to look into cases of corruption and terrorism and modernising the justice system in Tunisia.

“The necessity of establishing an independent and effective system of justice and developing an independent and neutral judiciary far from conflicts, disputes, and pressures in a way that protects the rights and freedoms of the people and protects the nation from all deviations and abuses,” the statement highlighted.

The syndicate concluded by asserting: “Its commitment to the principles of justice and impartiality made it distinguish between the political aspect that obliges it to maintain its conventional impartiality and its distance from political squabbles that will be placed under judicial scrutiny and the national aspect that prompts judges, as a matter of responsibility and loyalty to the homeland, to uphold the people’s right to a just, independent, impartial, and efficient judiciary that treats everybody in an equal manner.”