Where is the president’s conflict with the judiciary in Tunisia heading?

       Tunisia is experiencing a new chapter of the political crisis, entitled: The independence of the legislative authority from political interests, a demand sought by the parties to the conflict, the president and his supporters on the one hand, and the judges and the human rights community on the other hand, President Qais Saeed announced in front of the Ministry of the Interior on Sunday his intention to dissolve the Supreme Judicial Council, which he describes as “politicized”, considering it a servant-serving device for certain parties, far from the public interest, Saeed believed that “the council has become a place where positions are sold based on loyalties,” and that “the Supreme Judicial Council has become one of the past.”, He also said, “We will work on setting up a temporary decree for the Supreme Judicial Council,” stressing that a number of judges have obtained money and property worth billions, considering that “these are in their place where the accused stand.”, While the council rejected the decision and pledged to continue its duties, in a move that prompted the Tunisian Judges Association and the Young Judges Association to implement a suspension of the work of the courts on Wednesday and Thursday in protest against the dissolution of the council.

       President Kais Saied’s speech about the judiciary includes part of the truth, and everyone in Tunisia knows that the judiciary needs a reform plan due to the presence of many problems within the judicial institution, However, the method that Saeed follows, carries an explicit and direct incitement against both the judges and the judicial institution, and he has not yet presented a clear approach for reforming the judicial institution, He went directly to the option of dissolving the Supreme Judicial Council, which of course “seriously undermines the rule of law and the independence of the judiciary,” as declared by the United Nations High Commissioner for Human Rights.
      
 The importance of the Supreme Judicial Council for the president
      The Council is a constitutional institution, before 2011 it was headed by the President of the Republic, After the fall of the Ben Ali regime, it became administratively and financially independent. Its main task is to ensure the proper functioning of the judiciary and preserve the independence of the judiciary in the implementation of the provisions of the Constitution and as stipulated in international treaties ratified by Tunisia, Since 2013, the council has been accused of negligence, especially in the file of the assassination of politicians such as Chokri Belaid and Mohamed Brahmi, the first on February 6, 2013, and the second on July 25 of the same year, Their assassination sparked anger and widespread protests in the country, Which led to the accusation that the council was negligent in this case, because the accusation parties turned to the “Ennahda” movement.
      
      It seems that the Tunisian president was also very disturbed about the failure of the file to recover Ben Ali’s money after the recent legal deadline, which revealed the extent of external influence in the arcana of the Tunisian state, specifically the disruption of the judicial process seeking to recover those funds, especially after more than 10 years have passed, the Tunisian state has not been able to recover them from the banks and returned to its previous status, the Ben Ali family has the right of discretion of its money, and the family may file an international case against the Tunisian government to claim compensation and damages for freezing the funds in the duration of the freeze.

The way back to the presidential system
      President Saeed has been obvious since last July 25 when he decided to control the joints of the state through the confiscation of public institutions, therefore, he wanted to grasp all the powers in his own hands, including the authority of the judge and the judiciary. Therefore, Presidential Decree 117 came to confirm this and then end his struggle with the judiciary by trying to subjugate him, Therefore, there is no indication that the president is seeking – at least in this circumstance – for the independence of the judiciary or for the return of political life to before 25 July.
      In parallel to the disruption of democratic institutions, there will be a great deal of work to change the shape of the political system in Tunisia, especially since President Saeed indicated on more than one occasion his dissatisfaction with the current constitution and his tendency to a presidential system without political parties, and to be satisfied with a local government system based on the decentralization approach (municipalities), many political observers in Tunisia find that a major project is currently focused on intensifying efforts to return to the presidential system, where the turbulent political and health situation and the lack of Tunisian confidence in the political experience help it achieve the goals of return, elimination traditional opponents, and possession the joints of power.

Tunisia’s absent priorities
      If we return to the priorities in Tunisia, the greatest and main priority is the economic and social issues, This means that the Tunisian economy will be greatly affected, and then many sectors will find themselves trapped in direct conflict with the government and public institutions, It was a priority to pay attention to the economic and social issue, and to work to remove obstacles to the possibility of helping Tunisia obtain funds and aid that would enable it to get out of this crisis and at least reduce its repercussions, but control of the legislative, the executive and now the judiciary; It further excludes the possibility of helping Tunisia in obtaining loans and aid, affects the rule of law and creates a ground for confrontation between the economically stricken street and state institutions, which may drag Tunisia into a state of chaos greater than the one in which it is living.

 Footnotes:
1-    Qais Saeed decides to dissolve the Supreme Judicial Council… The implications and implications of the decision on the scene in Tunisia. Arab TV Report.
2-    Tunisia: The Supreme Judicial Council rejects Said’s decision to dissolve it and pledges to continue its duties. France 24.
3-    UN High Commissioner for Human Rights Michelle Bachelet: The dissolution of Tunisia’s Supreme Judicial Council seriously undermines the rule of law. United Nations website.
4-    Official Journal of the Republic of Tunisia, September 22, 2021. Carthage. tn.
5-    The website of the Supreme Judicial Council of Tunisia.
6-    Who is the “Ennahda official” accused of assassinating Belaid and Brahmi? Sky News Arabia.
7-    Tunisia crisis: The Association of Tunisian Judges calls for the suspension of the work of the courts, Wednesday and Thursday, in protest against the dissolution of the Supreme Judicial Council. bbc.com/Arabic.
8-    Tunisia crisis: The European Union is following with concern the decision of President Kais Saied to dissolve the Supreme Judicial Council.BBC Arabic.
9-    The Supreme Judicial Council in Tunisia rejects the president’s decision to dissolve it and pledges to continue its work. AlMamlka TV Channel.

Politics and Society Institute

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