The Struggle for Judicial Independence in Tunisia: The Case of Judge Bechir Akermi By Sihem Ben Sedrine

1- The Lesson from the Prosecutor

I had the opportunity to meet Prosecutor Akermi in 2017 while I was heading the Truth and Dignity Commission (IVD). Our first contact was rough. He is a man of strong personality, speaks rapidly, always in a hurry, and not very accommodating. I inquired about some of our complaints that remained unresolved. He responded, “I have not followed up on unfounded ones targeting your institution either. Do you want to do your job or camp at the Palace of Justice with this mass of complaints wasting your time and ours?” Deciding on the merit of prosecutions was a heavy responsibility he handled wisely in a context where the trend was to judicially settle political conflicts.

I insisted on pursuing one of our complaints about the illicit eavesdropping on all IVD lines by political police. A broad smile crossed his small face, as if to signify the naivety of our request. He replied, “Every day, I receive police reports incriminating suspects arrested based on illegal eavesdropping, devoid of incriminating content. And it’s me who receives these illegal eavesdropping reports! You have no idea what machine I face. All I can do is refuse to validate them as sources of information.” I later learned he had the audacity to prosecute the powerful Director-General of Technical Services (DGST) responsible for wiretapping in a much more serious case.

Between March and December 2018, we brought the indictments prepared by the Truth and Dignity Commission after our mandate extension decision was disputed by the ruling power. I provocatively asked, “Will you enroll them or also obey the instruction to boycott us?” He angrily replied, “I take orders from no one! I do what the law dictates, and the law says you have the right to extend your mandate by one year; I must respect your decision!” He continued receiving our indictments until December 31 and assigned one of his deputies to ensure deadlines were met. He did not much believe in transitional justice, but for him, the law was sacred.

In the summer of 2021, seeing the tightening grip, I encouraged him to communicate; I offered him an engaged journalist willing to record his words uncensored. An appointment was made, but he quickly retracted. Akermi belonged to a generation of judges with a restrictive view of the duty of reserve, confusing it with a lack of communication. When he finally resolved to communicate in 2022, it was too late, and the media that interviewed him refused to publish it under pressure. Akermi had just the right to be defamed.

2- The Saga of Retaliations

This image of President Bechir Akermi leaving the psychiatric hospital illustrates the degradation of the judicial institution and our political morals.

In early February 2023, Bechir Akremi was detained on serious charges, including “laundering terrorists”; the prosecution entrusted the investigations to security officials previously prosecuted by the former prosecutor for forgery and torture. The saga of retaliations continued. Subjected to humiliations and mistreatment, he was forcibly committed to a psychiatric hospital on February 17, 2023. Released by doctors on February 24, he was re-arrested illegally by police surrounding the hospital to prevent his family from accompanying him home, then presented to an anti-terrorist judge who granted provisional release. The police did not release him, and Akermi remained detained in another case reinitiated by members of the Watad party – extreme left Arab nationalist – for accusations (collusion with terrorists) already examined by the Tunis court and dismissed in 2016, violating the principle of res judicata.

3- Objective: Subordinate Judges and Ensure Security Officials’ Impunity

The first serious attack on the judge occurred in early 2015, following the Bardo Museum and Sousse attacks targeting tourists and causing dozens of victims. In office at Investigation Bureau No. 13, he was tasked with investigating these two hot cases; he signed a rogatory commission entrusting the investigations to an anti-terrorism brigade based in El Gorjani. When interrogating suspects, whose arrests were triumphantly announced by the Interior Minister at a press conference, he found “horrible” traces of torture, casting doubt on the confessions obtained. Some technical analyses attached by the police to the file were falsified. He decided to reassign the investigation to another anti-terrorism brigade under the national guard based in El Aouina. His investigations quickly led to incriminating other suspects, proven by tangible elements attesting to their involvement in the Sousse hotel massacre, with predominantly British victims. Their guilt was confirmed at all levels of the criminal procedure, resulting in their severe sentences. As for the Gorjani officers, he charged them with torture and forgery. These same officers were tasked with interrogating him in 2023.

In this tragic atmosphere, anti-terrorism torturers, strongly supported by police unions, imposed on a traumatized public with dulled critical sense the false and persistent image of “police arresting terrorists and justice releasing them.” A delegation of parliamentarians, including members of the Ennahdha party, visited El Gorjani with bouquets of flowers to honor them. Bechir Akermi, meanwhile, suffered personal attacks amid general indifference while being congratulated by Scotland Yard and praised by the British victims’ lawyer for his “courageous decision.”

The stage was set for a relentless guerrilla war against judges by police unions controlled by services. Remember February 26, 2018, when armed police, called by their unions, surrounded the Ben Arous court (southern Tunis suburbs) and besieged the investigating judge’s office, who “dared” to arrest five Gorjani judicial police officers accused of torture. They left free from this standoff. The Interior Ministry did not sanction any of these officers. Such scenes of police unions obstructing justice would repeat in Sfax, Sousse, Kasserine, and Mahdia without consequence.

4- The Dubious Agendas of Judge Bechir Akremi’s Adversaries

Under the guise of demanding truth about the assassinations of martyrs Belaid and Brahmi, the Watad party, acting within the “committee to defend the two martyrs,” joined these assaults on Bechir Akremi without restraint. Exploiting the immense emotion caused by these exceptionally grave crimes, they politically instrumentalized the formidable media impact of these tragic events.

The judge later revealed rejecting the Justice Minister’s pressure to comply with this committee’s demands by implicating certain Ennahdha party leaders. “I judge based on case files; bring me proof, and I’ll incriminate them!” he argued. His refusal led to his appearance before the General Inspectorate, which found no irregularities in his handling of the case.

His detractors intensified their attacks, exploiting blind media complacency and multiplying outrageous accusations: “concealing” case elements to “protect his supporters within the Ennahdha party.” Amid this charged climate, the judge concluded the investigation. His findings were confirmed by other courts; the civil party’s appeals against his decisions were rejected by the Court of Cassation. The mystery of the masterminds remains unsolved.

Revealing a dubious agenda and deviating from their proclaimed goal, the “committee to defend the two martyrs” broadened its targets and launched numerous assaults; in September 2019, it organized the occupation of the prosecutor’s office at the Tunis First Instance Court, chaired by Judge Akremi, paralyzing its functioning for two days amid total impunity.

As for the case files against Judge Akremi for money laundering and connivance with terrorists, their baselessness emerges through the report by Bizerte (northern Tunisia) anti-terrorism judge Adnen Hajji, who was transferred in November 2022 for his independence and courage. His conclusions were endorsed by the Investigating Chamber of the Tunis Court of Appeal, which also dismissed charges against Judge Akremi in the Martyrs Belaid and Brahmi cases on February 9, 2023.

It’s the price of refusing to subordinate justice to the police, which justice will pay until the judiciary recovers its autonomy.

5- Judge Akremi’s Parting Words

In late June 2023, the Association of Tunisian Magistrates condemned in a statement the judicial authorities’ silence in the face of the smear campaign against Judge Akermi and the physical and moral abuse he endured during his arrest.

Judge Akremi’s final words from his prison cell were, “I stand by my decisions, always guided by the law and my conscience. Despite the unbearable pressures and heinous accusations, I will remain steadfast in my commitment to justice and the principles it represents. To all my fellow judges and citizens, never forget that our freedom and dignity depend on an independent judiciary.”

6- Postscript: Reactions and Reflection

The treatment of Judge Bechir Akermi has sparked widespread outrage among various legal and civil society circles, highlighting the ongoing struggle for judicial independence in Tunisia. Human rights organizations and legal associations have expressed their dismay at the evident erosion of the rule of law and the blatant interference in judicial affairs by security forces and political entities.

The Association of Tunisian Judges (AMT) called for a nationwide strike to protest against the attacks on the judiciary, emphasizing that the integrity and independence of the judiciary are fundamental pillars of a democratic society. Numerous demonstrations have been organized in support of Judge Akermi, drawing attention to the broader implications of his case for the rule of law in Tunisia.

International observers, including the United Nations Special Rapporteur on the Independence of Judges and Lawyers, have also expressed concern over the situation. They have called on the Tunisian government to uphold international standards of judicial independence and to ensure that judges can perform their duties without fear of retaliation or undue pressure.

The legal community is increasingly aware that the battle for judicial independence is far from over. The case of Judge Akermi serves as a stark reminder of the constant vigilance required to protect the judiciary from encroachments by other branches of government and security apparatuses.

7- Conclusion: The Ongoing Struggle for Judicial Independence

Judge Bechir Akermi’s ordeal underscores the precarious state of judicial independence in Tunisia. The coordinated efforts to discredit and undermine him illustrate the broader challenges faced by the judiciary in a transitional democracy. Despite the significant progress made since the revolution, the judiciary remains vulnerable to political and security sector influences.

The resilience and courage demonstrated by judges like Akermi offer hope for the future. Their steadfast commitment to the principles of justice and the rule of law serves as an inspiration for others within the judiciary and beyond. It is crucial for all stakeholders, including civil society, legal professionals, and international actors, to continue advocating for an independent judiciary and to support efforts aimed at strengthening the rule of law in Tunisia.

As Tunisia navigates its path toward democratic consolidation, the protection of judicial independence must remain a top priority. Ensuring that judges can operate free from intimidation and interference is essential for the realization of justice and the safeguarding of citizens’ rights. The story of Judge Akermi is a powerful reminder of the ongoing struggle for judicial independence and the need for continued vigilance and advocacy in defense of this fundamental democratic principle.