The Tunisian authorities have just crossed an additional stage in the persecution of the Tunisian magistrates.

Indeed on August 30, the prosecuting general attorney close the Court of Appeal of Tunis, elected by the ministry of Justice, convened the president of the AMT (Association des Magistrats tunisiens) to orally require them to give him the keys of the head office of the AMT located in the Palais de justice in Tunis.

They disputed the legality of this step by specifying that the Prosecuting attorney did not have quality to act and that only a legal procedure would be qualified to withdraw the use of its office (of which the AMT lays out since 1946) at a democratically elected board; or then an administrative decision (contestable to the administrative Court) from the ministry for the Interior which associations concern.

August 31, the members of the AMT could not reach their office, the locks having been changed and made note that by notary.

The AMT is in the collimator of the ministry for the Justice which multiplied the acts of harassing since the election of this board during the congress of December 2004 which voted a motion presenting institutional claims aiming at guaranteeing a real independence of judiciary. After many and vain attempts targeting destabilization carried out through judges close to regime, the ministry of justice exerted retaliatory measures (disciplinary transfers) against the active members of the board shortly after the adoption of a new law on the statute of the magistrates which goes to the antipodes of the aspirations formulated by the AMT.

The Cnlt

• condemns with greatest strength these processes of delinquents, whom one cannot differently interpret than like an assault.
• Reminds the Tunisian Government its international engagements related to independence of justice and in particular article 1 of Basic Principles on the Independence of the Judiciary Adopted by United Nations (1985) which states “It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.”
• Reminds that the right of association is also guaranteed to the judges and in particular article 9 of the Basic Principles on the Independence of the Judiciary (1985) of UNO which states " Judges shall be free to form and join associations of judges or other organizations to represent their interests, to promote their professional training and to protect their judicial independence.”
• Reminds the prosecutors their international duties and in particular article 3 of the Guidelines on the Role of Prosecutors adopted by the United Nations (1990):” Prosecutors, as essential agents of the administration of justice, shall at all times maintain the honour and dignity of their profession.”
• Ensure the Tunisian Judges grouped around their association of his whole solidarity.