After dissolving the judicial council, Saied issues a replacement
With claims that the new council will serve independence and resist impunity, judges argue that Saied's move was illegal.
The Tunisian presidency announced, late Saturday, that Tunisian President Kais Saied issued a decree to create a temporary Supreme Judicial Council, to replace the dissolved Judicial Council, and to prohibit judges from striking.
Among the most prominent content of the decree is “The President of the Republic has the right to request the exemption of every judge who violates his professional duties based on a justified report from the Prime Minister or the Minister of Justice.” Moreover, “judges of all kinds are prohibited from striking and engaging in any organized collective action that would cause disorder or disrupt the functionality of the courts."
Saied issued the decree during his meeting with the Tunisian PM-designate Najla Bouden, and the Minister of Justice, Leila Jaffal, in the Carthage Palace in the capital.
The Tunisian president said, in statements reported by the presidential office, that the new council "came to put an end to cases of impunity, as fair accountability before a just judiciary is a sacred duty and one of the legitimate demands of the Tunisian people," he said.
The Tunisian Ennahda movement is organizing a protest sit-in today in Tunisia's capital, in protest against the president's announcement of the dissolution of the Supreme Judicial Council.
The dissolution
Tunisia's police have locked the doors of the Supreme Judicial Council a day after President Kais Saied announced its dissolution, the council's head said on Monday.
Police have also barred staff from entering the building. "The president has moved to the stage of seizing institutions. What is happening is very dangerous and illegal," said Youssef Bouzakher, the council's chief.
President Saied said on Sunday that he had dissolved the major body that deals with judicial independence.
He said in a video that the Supreme Judicial Council (CSM) "is a thing of the past from this moment”, adding that he will issue a temporary decree to the council.
It is worth mentioning that the Council was established in 2016 as an independent and constitutional body. Its responsibilities include protecting the judiciary's independence, disciplining judges, and promoting them professionally.
The President declared that Tunisia must be "purified", and the only way this could happen was if the judiciary was purified.
Saied announced a draft decree was being prepared for reconciliation with businessmen involved in corruption in exchange for development projects.
In response, the Supreme Judicial Council declared that the Council is the only legitimate institution that represents the judiciary, and the creation of an alternative is illegal.