2017-05-09

Ramallah

West Bank / Announcement

In Defense of the Rule of Law and the Freedom of Expression

Following the recent media coverage of the referral of a judge in the Supreme Court and a member in the High Judicial Council, Judge Abdullah Ghazlan, for investigation after a decision was issued by the Vice-President of the Supreme Court/Deputy Head of the High Judicial Council, which came due to the views which Judge has published regarding matters of administrative judicial concern, the undersigned Civil Society Organizations (CSOs) called an urgent meeting to discuss and examine latest developments in the judiciary. After looking thoroughly at the details of this matter, stressing their full commitment not to interfere in any internal disputes within the judiciary or to compromise judicial proceedings, the meeting perceives the aforementioned decision as an indicator of the continuous deterioration of the judicial authority, which influences its image, status, and the trust which citizens and litigants have in it.

This measure is a threat to the principle of the rule of law and the freedom of opinion and expression.  Judges are guaranteed the right to express their opinions under the Palestinian Basic Law and the international treaties Palestine has acceded-to. Furthermore, what the judge of the Supreme Court has published is a judicial matter of public concern, which requires that his views be handled with maximum protection without subjecting him to any punitive measures on the background of the freedom of expression.

Referring the judge of the Supreme Court/the member of the High Judicial Council for investigation is an explicit violation of the Judicial Authority Law in terms of the procedure of the referral, which entails that these procedures are void and invalid, as the law states that this referral is the exclusive responsibility of the President of the Supreme Court as long as he/she is in place. Also, this referral violates the principle of confidentiality which is guaranteed by the law, and prejudices the judge’s rights which are guaranteed by the Judicial Authority Law, which requires accountability in accordance with the law.

The presidential decree of appointing the Vice-President of the Supreme Court/Deputy Head of the High Judicial Council, which was issued on 27/04/2017, violates the provisions of the Basic Law and the Judicial Authority Law, as it deviates from the official recommendation which was provided by the High Judicial Council.

In light of the above considerations, the undersigned CSOs and human rights organizations demand and stress the need to respect the rule of law, to protect public rights and freedoms, and to consider the right of judges to express their opinions a natural right guaranteed by the Basic Law and the international human rights standards. The involved CSOs ask the High Judicial Council to withdraw the order of referral for investigation and all of the relevant proceedings. The CSOs offer their legal capabilities in defense of the judge, in defense of the principle of the rule of law, in guarantee of the right to defense, and in rejection of the policy of mouth-muzzling and its consequent dangers, especially if it is being practiced by those who are responsible for the protection of rights and freedoms. The involved CSOs stress that the unlawful presidential decree to appoint the Vice-President of the Supreme Court/Deputy Head of the High Judicial Council must be rescinded.

The Palestinian Non-Governmental Organizations Network (PNGO)

The Palestinian Human Rights Organizations Council

The Civic Coalition for Monitoring the Legislative Process

The Coalition for Accountability and Integrity (AMAN)

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession

The Civil Commission for the independence of Judiciary and Rule of Law (ISTIQLAL)