We filed an important complaint today at the UN Human Rights Committee on behalf of Judge Youssef Bouzakher, former president of the Tunisian High Judicial Council and one of 57 judges arbitrarily dismissed by Presidential decree. The case filed today forms part of - and epitomises - the unfolding rule of law crisis in Tunisia. Under the state of exception, the president has gradually assumed control over executive and legislative powers, and adopted a series of presidential decrees that eviscerate judicial independence, remove constitutional checks on presidential power and violate the rights of judges such as Youseef Bouzakher.
Our client was removed from his role as HJC president when the independent high judicial council, charged with safeguarding judicial independence, was disbanded and replaced by a ‘temporary HJC under presidential control. His distinguished judicial career came to an abrupt end with the mass dismissal of judges, without reasons or due process of law. A presidential decree also indicated that all dismissed judges should be prosecuted - further undermining the independence of the justice system - and he is now subject to a wholly arbitrary criminal process on spurious but serious charges.
Helen Duffy of Human Rights in Practice is counsel for Judge Bouzakher, working alongside the International Commission of Jurists. For more information see the ICJ press release and the summary complaint.