2018-02-26

West Bank and Gaza Strip

West Bank / position paper

CSOs Decide to Establish Truth Committee to Investigate the Ongoing Deterioration in the Judiciary

In the light of the latest developments in the judiciary, the Palestinian Civil Society Organizations (hereinafter CSOs) convened at Al-Haq to discuss updates on the profound crisis the Palestinian judiciary is currently in. This meeting comes as part of a series of ongoing meetings which aim at controlling the bleeding of the judiciary, arriving at the end goal of having a judicial authority established on bases of independence, impartiality, and effectiveness. This shall be perceived as a top national and constitutional priority, as it is a natural right the community is entitled-to.

The CSOs looked thoroughly into the implications of the media statements made by the Honorable Judge Abdullah Ghuzlan on 20/2/2018 as part of the Judicial Forum Program, which shed light on the long-lasting structural dysfunction within the judiciary starting at the top of the pyramid where the High Judicial Council and the Supreme Court are found. Furthermore, the said statements unveil the truth about the deep imbalance in the independence of the judges which should serve as the cornerstone for the independence of the judiciary as a whole, particularly in light of what the said statements referred to concerning the distribution of cases among judicial bodies by means violating the Judicial Authority Law, and the distrust some judges have in accessing justice, not to mention the fact that there are judges who would validate judicial rulings which they know nothing about even though the rulings are in violation of the provisions of the law, and that some judges have spoken words which contravene the code of judicial conduct.

In his statements, senior Supreme Court judge Abdullah Ghuzlan confirmed that despite the fact that he is a member of the High Judicial Council, lawfully elected by the plenary board of the Supreme Court, the Council did not invite him to attend their meetings, in violation of the law. Judge Ghuzlan also stated that the High Judicial Council asked the plenary board on 27/12/2017 to select a new Council member. The plenary board responded on 24/01/2018, renewing confidence in Judge Ghuzlan. Nevertheless, the Council still unlawfully abstains from inviting the judge to attend the meetings. Judge Ghuzlan presented the implications of the legal violations implicit in the procedures of his referral for investigation and to the disciplinary council. He also raised many serious issues which eventually require the establishment of an independent community-based truth committee to address and follow-up on the aforementioned issues as they are contributing to the continued deterioration of the judicial authority.

The CSOs studied the statement of the High Judicial Council, issued on 22/02/2018, noting that it did not provide answers on any of the serious matters that the Honorable Judge Ghuzlan spoke about, and it did not address the statement of the Palestinian CSOs, dated 15/02/2018, in which they demanded that the High Judicial Council realize the judges’ right to the freedom of expression. The only response that the CSOs received suggests, “Most of the criticism and counter-statements made are characterized by the lack of truth and serve personal interests rather than the public good.”

The High Judicial Council is accustomed to disseminating circulations prohibiting judges from making public statements unless they obtain permission from the Head of the High Judicial Council or his second-in-command. In further establishment of this approach, the High Judicial Council warned in their statement against “harming the integrity of the judicial system or defaming any of the honorable judges, in which case the necessary legal action will be taken against any violation of this kind, be it against the judiciary as an institution or the judges as individuals”.

The Palestinian CSOs recall their previous statements, in which they confirm that the High Judicial Council has been and continues to be the most prominent manifestation of the executive authority’s wide-ranging interference in the judiciary; knowing that the current High Judicial Council, as well as the two former councils, were established by the executive authority in violation of the law, and that the current Chief Justice/Head of the High Judicial Council and his second-in-command were appointed by means infringing the law. Since it was first established, the Supreme Court has held presidents (Chief Justice) who were appointed in unlawful manners. There is a whole lot of other indicators of the synergy between the High Judicial Council and the executive authority which aims at pre-empting attempts of judicial reform. Moreover, the CSOs stress the following points:

1. The CSOs reaffirm and reiterate the contents of their previous statement, dated 15/02/2018, in which they demand that the High Judicial Council realize the judges’ right to express their views freely; a right to which they are entitled under the international treaties on human rights as well as the local legislation.

2. The CSOs decide to establish a national independent truth committee/ fact-finding committee, which shall consist of persons who are renowned for their competence, professionalism, independence, and impartiality. This committee shall be assigned to follow-up on all of the issues raised by the Honorable Judge Abdullah Ghuzlan, as well as other issues contributing to the ongoing deterioration of the judicial system. In confirmation of the vitality of transparency and popular control over judicial reform, the committee shall publicly announce the findings of their investigation and make sure that they are being put into practice.

3. The CSOs ask the High Judicial Council to clarify their position on all of the serious matters addressed by the Honorable Judge Abdullah Ghuzlan, and to follow-up on them to ensure that any person causing prejudice to the independence of the judges or contributing to the distrust in the judiciary will be held accountable.

4. The CSOs affirm that they will proceed with their meetings and will intensify their efforts in partnership with the various Palestinian civil society actors to develop a unified vision in order to stop the ongoing bleeding in the judiciary and to build an independent and effective judiciary.

5. The CSOs demand that the High Judicial Council present their views on judicial reform and take action on the ground in order to put an end to the ongoing deterioration of the judiciary in an attempt to regain the people’s trust in the judicial system.

6. The CSOs stress the fact that the freedom of expression is a fundamental human right to which all human beings are intrinsically entitled, and it is an integral part of the aspired judicial reform.

7. The CSOs affirm that the integrity and independence of the judiciary cannot be achieved through ineffective warnings. Rather, it is an inner belief a judge must possess that his/her own independence is the way to protect the independence and integrity of the judiciary as a body holding supreme national value. Those who hold positions in the judiciary shall not be seen as having an advantage over others, and thus popular control over the judiciary is perceived as the community’s responsibility as well as a right they are entitled-to.

The Signatories

Al-Haq; Palestinian Human Rights Organizations Council; Palestinian NGOs Network (PNGO); ALDAMEER Association for Human Rights; Jerusalem Legal and Human Rights Center (JLAC); ADDAMEER Prisoner Support and Human Rights; Al-Mezan Center For Human Rights; Defense for Children International – Palestine Section; BADIL Resource Center for the Palestinian Residency and Refugee Rights; Center for Defense of Liberties and Civil Rights “Hurryyat”; Ramallah Center for Human Rights Studies (RCHRS); Palestinian Center for Human Rights; The Civil Commission for the independence of Judiciary and Rule of Law (ISTIQLAL); Independent Commission for Human Rights (ICHR); Civic Coalition for Monitoring Legislation; Social and Economic Policies Monitor (MARSAD); MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession; Coalition for Accountability and Integrity (AMAN); Women’s Affairs Technical Committee (WATC); Palestinian Independent Trade Union; MUWATIN The Palestinian Institute for the Study of Democracy; MIFTAH; Palestinian General Union of People with Disability; QADER for Community Development; Palestine Governance Institute; Human Rights and Democracy Media Center SHAMS; Filastiniyat institute; Stars of Hope Association; Palestinian National Institute for NGO; Jawwal and Paltel Workers Union; JDECO Workers Union; NBC Workers Union; NAJDEH Association; Palestinian Non- Governmental Organization Against Domestic Violence Against women (Al Muntada); The Palestine New Federation of Trade Unions; UAWC union of Agricultural Work Committees; Progressive Labor Union Front Palestine; Labor Solidarity Group; Palestinian Working Women Society for Development; Nabd Youth Forum; MANAJEL Organization; Palestinian Consultative Staff for Developing NGOs; Teachers Creativity Center; Community Media Center; The Arab Institution for Sustainable Development; Association of Women Committees For Social Work; Rural Women’s Development Society; Development and Heritage Committee; Young Women’s Christian Association; Psychological Development Association; Al-Hadaf Cultural Center; Popular Art Center; Private Health Sector Union; Union for Women Working in the Health Sector; Tanweer Palestinian Cultural Forum; Fuad Nassar Organization.