Tunisian President Kaïs Saïed announced on February 6, 2022 the dissolution of the Superior Council of the Judiciary (CSM), a judicial supervisory body which he accuses of bias. The decision raises concerns for the rule of law, although it was applauded in protests in Tunis.
“The CSM belongs to the past”, declared the Tunisian president, denouncing a body in his eyes corrupt, which would have slowed down in particular the investigations into the assassinations in 2013 of two left-wing activists, Chokri Belaïd and Mohamed Brahmi. The CSM is accused by Kais Saied to be plagued by corruption. “Positions and appointments are sold and made according to membership”accuses the president according to whom “some magistrates were able to receive large sums of money in return”.
the Superior magistrate counsel, an independent body created in 2016 to appoint judges, is made up of 45 magistrates elected by Parliament. According to observers, his target is the Ennahdha party, his pet peeve which has controlled Parliament and governments for the last ten years after the 2011 revolution, in this country, the cradle of the Arab Spring.
Kaïs Saïed assumed full powers on July 25, when he dismissed his Prime Minister and froze Parliament to fight “an old system based on political clientelism and corruption”. Measures denounced as a “Rebellion” by Ennahdha and other opponents. Ennahdha was the most important political group in Parliament before its dissolution by President Saied.
Kaïs Saïed has since appointed a government, but takes its decisions by decree, officially on a provisional basis until legislative elections scheduled for December 2022, after a constitutional referendum. The president says prepare “a provisional decree” to reorganize the CSM. On January 19, he had already withdrawn a series of benefits in kind from the members of the CSM (subsidized fuel, transport and accommodation bonuses).
Ennahdha spokesman Imed Khemiri denounced to AFP a “decision (which) affects the independence of justice (and) a serious precedent that Tunisia has never had to undergo, including during the time of the dictatorship” by Zine El Abidine Ben Ali (1987-2011).
“Any decree that would lead to a dissolution is illegal and unconstitutional and would mean the end of the separation of powers in Tunisia.”
The International Commission of Jurists (NGO)at AFP
The announcement was on the contrary welcomed by the president of the Tunisian National Bar Association, Ibrahim Bouderbala, who took part in a demonstration in Tunis to commemorate the assassinations, on February 6 and July 25, 2013, of left-wing militants Chokri Belaid and Mohamed Brahmi. Calling for the culprits “be accountable”the 500 demonstrators present welcomed in their majority the decision of Mr. Saïed.
Extremist Islamists had claimed responsibility for the killings, which sparked a political crisis and led to the temporary withdrawal from power of the Islamist-inspired Ennahdha party, then the formation of a government of technocrats between 2013 and 2014. “Unfortunately, some judges in the courts have manipulated the Chokri Belaïd file”denounced Mr. Saïed in a video, assuring that “this is not the first trial where they have tried to hide the truth for years”.
“Until the Judicial Council is dissolved, no truth will come out. There are a large number of judges in the Council who work for Ennahdha.”
Abdelmajid Belaïd, brother of Chokri Belaïdat AFP
For political scientist Abdellatif Hannachi, “the justice which has not been able to reform itself or decide on major issues has provided an ideal opportunity” to President Saïed to bang his fist on the table”as he did on July 25” when he justified his coup by socio-economic and political blockages.
Present at the left-wing demonstration, the brother of Chokri Belaïd, Abdelmajid, applauded the dissolution of the CSM, accusing AFP of the Ennahdha party of having “manipulated and slowed down for nine years” investigation “to cover up evidence of the involvement of Ennahdha leaders”.