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World Tunisia: The judges now prohibited to hold positions in the executive

02:17  11 june  2021
02:17  11 june  2021 Source:   rfi.fr

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Hong Kong’s chief executive has vowed to continue inviting foreign judges to the city’s courts, insisting Hong Kong’s legal system remains “hard as a rock” despite increasing concern for the rule of law. She is one of 13 overseas non-permanent judges on the Court of Final Appeal, whose presence has been seen as a guarantee of the rule of law since the UK ceded the territory to China in 1997. In remarks made at a recent seminar in the UK, Hale questioned how the city’s legal system will operate under the new national security law.

Cette décision est un paus important pour les juges tunisiens, qui luttent pour leur indépendance depuis 2011. © Fry Design Ltd via Getty Images This decision is an important paus for Tunisian judges, who have been struggling for their independence since 2011.

the High Judicial Council Prohibited judges, Wednesday, June 9, to occupy political positions in the executive. This Council advocates the independence of justice and its impartiality against the political quarrels that persist. This resolution intervenes following the Limogeage, Tuesday, the head of the National Instance to Combat Corruption, by the Prime Minister. The head of the Tunisian government replaced a judge, IMED Boukhris, by another, IMED Ben Taleb at the head of this institution.

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It is very difficult to run such positions /institutions if every wrong judgement would be punishable. People will stop entering this field and ultimately we will have acute scarcity of judges . Next, if the defendant in a criminal case waives a jury trial, the judge becomes the finder of fact and decides guilt as well. If, in the future, the judge is proved to be wrong, nothing happens to them. They have immunity for their actions as judges . There are limited exceptions, mainly those involving corruption.

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It has been several years that the appointment of judges to political posts made controversial in Tunisia. Justice is accused of corruption and bias and the relationship of trust with the citizen is broken while the reforms of the sector are slow to come.

But a pace has just been crossed with this ban on Tunisian judges to hold the Presidency positions, with the head of government, in the ministries and in the various institutions of the state.

According to the High Judicial Council, the image of justice has deteriorated and this order aims to "keep the justice from political divisions" which have exhausted the state. It is a "historical, long-awaited" decision consider Tunisian judges who have been struggling for their independence since 2011.

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For them, this lack of independence threatens the democratic experience in their country. IMED AL KHASKHOUSI, a member of the High Judicial Council, does not exclude the possibility that the new crisis between the President and his Prime Minister has accelerated the decision of this decision.

According to Tunisian political and judicial circles, this judgment cancels any appointment of judges to political posts. The last one being IMED Ben Taleb, named Tuesday at the head of the National Instance to Combat Corruption.

It also cancels the appointment by the Prime Minister of three ministers-judges during his last reshuffle. Appointments that have been refused by the President who accused four ministers of implications in corruption cases. They have never been sworn in front of him.

Foreign judges will remain part of HK's 'hard as a rock' judicial system - Lam .
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This is interesting!