learning · Arabic — bilingual opening

بعد أن عزلهم سعيّد، كيف يعيش القضاة بطالتهم القسرية؟

The piece argues that Tunisia’s executive power has used dismissals, vacancies, and administrative memoranda to subordinate the judiciary while presenting that domination as legality.

Nawaat · By نجلاء بن صالح · 12 January 2026 · read the original in Arabic →

منذ ثلاث سنوات ونصف، تحديدا يوم 1 جوان 2022، جمع الرئيس قيس سعيّد وزراء حكومته ليعلن عن قرار بتنقيح المرسوم عدد 11 لسنة 2022 المتعلق بإحداث المجلس الأعلى المؤقت للقضاء وذلك بعد أقل من أربعة أشهر على اصداره.

Three and a half years ago, on June 1, 2022, President Kais Saied assembled the ministers of his government to announce a decision to amend Decree No. 11 of 2022, concerning the creation of the Provisional Supreme Judicial Council, less than four months after it had been issued.

في الاجتماع ذاته، قال سعيّد حرفيا:

At that same meeting, Saied said, verbatim:

Opportunity after opportunity has been given, warning after warning has been issued, so that the judiciary might cleanse itself. We cannot cleanse the country of corruption and violations of the law except through a full cleansing of the judiciary, and this situation cannot go on without end.

Within a few hours of that meeting, Decree No. 35 was issued, amending Decree No. 11 of 2022. That same night, Article 20, amended by Saied, took the heads of 57 judges, after the decision dismissing them was published in Official Gazette No. 63, dated June 1, 2022.

Since the announcement, from the Ministry of Interior building, of the dissolution of the Supreme Judicial Council, President Saied’s regime has targeted the judicial authority in a continuous, mechanical fashion, through fevered speeches that were quickly translated into texts, decrees, and arbitrary decisions of dismissal and transfer. On the second anniversary of the dismissal of 57 judges, Nawaat met with Professor Ahmed Souab to discuss the condition to which the judicial service has been reduced.

Article 20 of Decree No. 35 of 2022 provides that “the President of the Republic may, in cases of urgency or of harm to public security or to the higher interest of the country, and on the basis of a reasoned report from the authorized bodies, issue a presidential order dismissing any judge against whom there is anything liable to harm the reputation, independence, or proper functioning of the judiciary. Public prosecution shall be initiated against every judge dismissed under this article. A presidential order dismissing a judge may not be appealed until a final criminal judgment has been issued regarding the acts attributed to him.”

Forced Unemploymentبطالة قسرية

Presidential Order No. 516 of 2022, concerning the dismissal of judges, consigned 57 judges to unemployment, among them 49 whose appeals against the presidential order were accepted by the Administrative Court. Judge S. A. was among those vindicated by the Administrative Court, yet he has remained without work for three years because the Ministry of Justice has not complied with the court’s decision. Judge S. A. told Nawaat:

My salary was stopped as soon as my name appeared on the list of dismissed judges, and I now live in forced unemployment. I have no other source of income, and my wife has found herself the sole provider for me and our three children. In truth, I can no longer meet ordinary expenses, including repairing my car, which broke down and for which I could not find the money to fix. One could say I am a social hardship case: I live in a rented home and have had no salary for three years.

Judge “S. A.” was dismissed because of a ruling he issued in a civil case, without knowing that the citizen concerned in the case was under police investigation. Although he has endured forced unemployment for more than three years, this judge refuses to work in any other profession. “I am a judge of senior rank,” he says. “I worked faithfully, as my conscience required of me, and I never issued an unjust decision; despite that, I was deprived of practicing my profession. I categorically refuse to take up another line of work, including practicing law behind the curtain. A lawyer friend offered me a proposal: to help him work on legal files in exchange for payment. I thanked him for trying to help me, but I refused his offer because I do not want to practice law in the shadows.”

Judge “S. A.,” together with a number of dismissed judges, submitted a request to the National Bar Association during the term of Dean Hatem Mziou to be entered on the roll of lawyers. But on July 11, 2024, according to a communiqué issued by the deanery, the council of the association rejected the requests of all dismissed, resigned, and retired judges. The Court of Appeal is expected, on January 28 next, to examine the appeal filed by nearly twenty dismissed judges against the association’s decision.

Judge Afif Jaidi explains the matter to Nawaat by saying that two paths stand before the dismissed judges. The first is their return to their original posts if the Administrative Court rules in their favor in the substantive cases before it. The second is for the dismissed judges to seek entry into the legal profession. Jaidi adds: “The Administrative Court has already ordered a stay of execution of the decision dismissing the judges in question, and we expect this court to vindicate them before moving on to issue an order enforcing the judgments rendered. Returning the dismissed judges to their posts is a restoration of their standing. On the other hand, it is among the traditions of the legal profession to enter dismissed or retired judges on the roll of the deanery, as happened in 1985 in what was called the judges’ massacre, when the Bar Deanery, under Dean Mansour Cheffi, registered the judges dismissed by former president Habib Bourguiba before they resumed their work in the judiciary. What matters in the present case is that the dismissal decision does not concern individuals, but the issue of executive interference in the judiciary.”

Unlike Judge “A. S.,” another dismissed judge who spoke with Nawaat, and who refused to have his identity indicated, was forced to work in a lawyer’s office in order to secure his livelihood, pending the current association’s acceptance, under Dean Boubaker Belthabet, of his request to be entered on the roll of lawyers. The judge says he does not receive a salary in the literal sense of the word, but that what he receives in exchange for working on case files held by the lawyer’s office can cover a small part of his financial obligations.

In June 2022, former judge Kalthoum Kennou wrote in a Facebook post commenting on the dismissal of the 57 judges: “Bourguiba dismissed judges in 1985, then they returned to their work, and some of them went into law practice. Bhiri committed a crime against judges, then they returned to their work. The same thing will happen with the judges dismissed by Mr. Kais Saied, and time will tell.”

On August 11, 1985, Organic Law No. 79 of 1985 was issued, concerning the statute of judges, the Supreme Judicial Council, and the organic law of judges. It established that public prosecution judges were subject to the authority of the Ministry of Justice. That decree led a number of judges to protest against it because it infringed on judicial independence, so Bourguiba dismissed them; among them was the late judge Mokhtar Yahyaoui.

The acceptance, on December 12, 2025, of dismissed judge Mohamed Taher Khentach’s registration on the roll of lawyers is a reassuring sign for the dismissed judges whose applications to be entered on the roll of the legal profession had been rejected, especially since most of them had met the association’s conditions, including the registration fee, which amounts to twenty thousand dinars for any judge wishing to practice law, a sum difficult to secure, particularly in the circumstances of dismissed judges. Dean Boubaker Belthabet told Nawaat: “A number of applications from dismissed judges for registration on the roll of lawyers have reached the National Bar Association. Some applications are under review, and the association’s council will study the requests case by case before deciding whether or not to accept registration.”

A Deliberate Vacancy in the Judiciary of Memorandaشغور متعمد لقضاء المذكرات

On October 1, 2023, the first president of the Court of Cassation, Moncef Kchaou, was referred to retirement. The vacancy at the head of the Court of Cassation was not filled, nor was the post of president of the Supreme Judicial Council, which is held by the president of the Court of Cassation under Decree No. 11 of 2022 regulating the work of the Provisional Supreme Judicial Council. The executive authority thereby broke the straw to which dismissed judges might have clung in order to seek redress against the decisions dismissing them. Article 15 of Decree No. 11 provides that each provisional judicial council, meaning the three provisional councils for the judicial, administrative, and financial judiciaries that make up the Provisional Supreme Judicial Council, shall examine “the preparation of the annual judicial movement, including nomination, appointment, promotion, transfer, and dismissal, and requests for lifting immunity and resignation. Each provisional judicial council shall undertake, on its own initiative or at the request of the President of the Republic, to review appointments, carry out a partial judicial movement, and examine grievance petitions when necessary to ensure the proper functioning of justice.” Article 22 of the same decree also guarantees the right to lodge grievances against decisions of promotion, transfer, and dismissal before each provisional judicial council according to its jurisdiction, after the presidential order concerning those decisions is published in the Official Gazette. Yet the amendment of Article 20 of Decree No. 11, which regulates the work of the Provisional Supreme Judicial Council, struck at that right when it granted the President of the Republic full authority over decisions dismissing judges and deprived them of the ability to challenge those decisions before a final criminal judgment had been issued regarding the acts attributed to the dismissed judge.

Head of State Kais Saied issued a decree dissolving the Supreme Judicial Council on February 22, 2022, and, after a year had passed, replacing the council with a provisional one. Tunisian justice still suffers from problems and crises related chiefly to its independence and its political instrumentalization, perhaps the most important of which are the dismissal of judges by the political authority and the justice minister’s issuing of direct instructions to the public prosecution.

Last October, the Association of Tunisian Judges, in a statement, described the justice minister’s use of the work-memorandum mechanism over two years, since the start of the vacancy at the head of the Provisional Supreme Judicial Council, as unconstitutional. According to that statement, the association recorded more than one thousand work memoranda issued by the Ministry of Justice over two years, which “led to a radical change in the judicial landscape, spread chaos in appointments to posts and removals from them, and generalized arbitrary transfers throughout the year, outside every sound logic,” in the association’s words.

The executive authority has played winning cards in order to seize control of the judiciary: the first was when the National Bar Association, headed by Hatem Mziou, refused to register the dismissed judges, thereby ensuring the silence of a number of judges, especially regarding procedural violations in political cases. The second card has been keeping the Provisional Supreme Judicial Council in a state of paralysis for more than two years, thereby giving the Ministry of Justice free rein to operate through memoranda it issues on transfers, promotions, and dismissals, all of it “by law,” as the justice minister put it when speaking before parliament. It is a law Tunisians have begun to live with as it is turned into an instrument in the hands of power, to be used however it wishes in order to remain in the seat of rule and torment every opposing voice, producing a loss of citizens’ trust in the justice system, a matter of extreme danger to the state and society.

Y done · S save · G great · B bad · N not for me