2021-01-16

West Bank and Gaza

West Bank / Gaza / Announcement / Core Program / position paper

CSOs Call For The Nullification Of All Legal Decisions And Decrees Related to Judicial Affairs and The Termination of Their Effects

Date: 16/01/20121 

On Thursday, January 14, 2021, CSOs held an emergency meeting to discuss the implications and developments of the judicial affairs; especially the issuance of recent decree-laws related to the judicial legislation and the serious violation they represent on the principle of the rule of law, separation of powers and independence of the judiciary, as well as their negative effects on the Palestinian political sphere and the reality of public rights and freedoms.

CSOs affirm that the executive authority's abstraction of justice through the issuance of those decisions by law and presidential decrees is a violation of the constitutional rules governing the separation of powers in the Palestinian Basic Law, and violates the principles of integrity and transparency through the conflict of interests that appeared in the way they were prepared and recommended for approval.

The CSOs believe that the violations resulting from the decisions by law and decrees have affected the appointment of the President of the Supreme Court, the President of the Judicial Council, the delegation of judges, the termination of their services and their transfer to retirement and early retirement, which threatens judges' job security and affects their impartiality and independence, in a clear and explicit violation of the principle of the impermissibility to remove judges from seat. The issuance of these decisions coincided with the transfer of (6) Judges pro tempore to early retirement, which is considered as removal from seat of judges in contravention of the provisions of the law, which is in addition to a number of violations of constitutional rules, international standards and basic principles regarding the independence of the judiciary issued by the UN.

The CSOs affirm that the formation of an administrative judiciary separate from the judiciary appointed by the executive authority affects the independence and impartiality of the judiciary. The administrative judiciary is considered one of the most important judicial bodies facing administration and authority, and a real guarantee of rights and freedoms, which requires taking the highest standards of integrity and transparency in its formation and appointment of its judges. It should be noted that the formation of the Supreme Constitutional Court, which violates the Basic Law and the Constitutional Court Law in terms of appointing its judges, and the controversial decisions that resulted from them, are still underway until now.

The CSOs express their surprise of the timing of the issuance of law decisions and decrees related to the judicial affairs before the issuance of decrees calling for holding presidential and legislative elections, achieving national reconciliation and ending the disunity. The issuance of these decisions before the elections is a real impediment to the reconciliation process, especially since the judiciary has been affected by division and needs to reunite rather than further dividing it.

As the CSOs express their appreciation to the Palestinian Bar Association and its leading role in defending the principle of the rule of law in all stations, its defense of the constitutional values and rules governing the principle of separation of powers, and its keenness on the independence of the judiciary as it constitutes a real guarantee for citizens' access to the desired justice, they express their support for all measures taken by the Bar Association to preserve the independence of the judiciary and respect the principle of the rule of law and the separation of powers.

The CSOs warn of the gravity of the state of affairs of the judiciary, whose effects will go beyond the conditions of justice in a Palestinian, to exposing the State of Palestine and its representatives in the UN to great pressures, especially from the special UN rapporteurs, namely the Special Rapporteur on the independence of judges and lawyers, in addition to international contractual and non- contractual mechanisms on human rights at the UN given the fact that Palestine acceded to many international human rights conventions without reservations, including a set of obligations under this accession.

While confirming that they will seek all legitimate means to defend the independence of the judiciary, the CSOs call on political forces and parties to stand up to their responsibility towards this dangerous interference by the executive authority in the judicial affairs, especially before holding presidential and legislative elections and taking steps to end the division and achieve national reconciliation.

CSOs renew their call, with great insistence, to nullify all legal decisions issued in judicial matters, to end their consequences, and to restore the judicial authority Law No. (1) of 2002 and to form a permanent Supreme Judicial Council according to the mechanisms specified by the law, and not to deviate from its provisions or amend it except through a democratically elected parliament.

CSOs and coalitions signatories to the statement: