2018-02-15

West Bank

West Bank / position paper

The Palestinian Civil Society Organizations (CSOs) called an urgent meeting at Al-Haq organization to discuss the ongoing deterioration of the judiciary, particularly the latest developments manifested in the decision which was issued by the High Judicial Council to refer a member of the Supreme Court, Judge Izzat Al-Ramini, for investigation following his participation in a workshop about the popular protection of the judiciary. The High Judicial Council had referred Judge Abdullah Ghazlan, who is also a member of the Supreme Court, for investigation once for expressing his views on the worsening status of the judiciary, and describing the judiciary as being “tailored”.  Not only this, but the Council also suspended Judge Ghazlan’s membership in the High Judicial Council, in violation of the law as well as the will of the majority of the Supreme Court judges.

The CSOs stressed the judges’ right to express their views on public affairs freely, confirming that the decisions against the judges Ghazlan and Al-Ramini represent a blatant infringement of the right to freedom of expression, guaranteed under the international treaties, the Universal Declaration of Human Rights, the basic international principles on the independence of the judicial authority, the Palestinian Basic Law, the Judicial Authority Law, and the judicial code of conduct. Not to mention that altering the structure of the disciplinary council, contrary to the Judicial Authority Law, not only provides further proof of the violation of the rule of law but also portends ulterior motives to convict Judge Abdullah Ghazlan in violation of the right to freedom of expression, to which all judges are entitled.

The CSOs stressed that the most prominent manifestation of the executive authority’s interventions in the judiciary was and remains the High Judicial Council (Judicial Administration), reflecting a structural imbalance in the judiciary. The best proof of this is the fact that the current High Judicial Council, as well as the two previous ones, have been established by the executive authority in violation of the Judicial Authority Law. Furthermore, the current Chief Justice and his second-in-command were both appointed contrary to the provisions of the Judicial Authority Law. The synergy existing between the High Judicial Council and the executive authority has led to further deterioration in the human rights situation and has influenced the trust citizens have in the judiciary and judicial remedies.

Accordingly, the Palestinian CSOs who attended the said meeting confirm the following:

1. The CSOs condemn the decisions of the High Judicial Council to refer the judges of the Supreme Court for investigation for exercising their natural right to express their views freely, and they demand the High Judicial Council to withdraw these decisions in expression of respect for this basic right guaranteed uder international conventions and standards of human rights as well as the related Palestinian legislation.

2. The CSOs call upon the High Judicial Council to rescind the orders requiring judges to obtain prior permission from the Judicial Council to participate in seminars, conferences, workshops, and means of expression of opinion. This also applies to the Sharia judiciary, as they violate their inherent right to express their opinions and they infringe the international treaties and Palestinian legislation.

3. The CSOs confirm their willingness to offer their legal expertise in defending the judges in the event that the High Judicial Council proceeds with disciplinary action against the judges, and they affirm a wide-ranging turnout at the disciplinary hearings in case the judges undergoing investigation and disciplinary proceedings decided that the hearings should be public.

4. The CSOs confirm their intention to present the case of the judges referred to investigation and disciplinary action in full to the UN Special Rapporteur on the independence of judges and lawyers if a decision to impose disciplinary punishment against the judges for exercising their right to express their opinion freely, in view of the gravity of those actions which represent a violation of a right that belongs to the entire community.

5. The CSOs call for the formation of an independent national committee, recognized for its integrity, efficiency, and neutrality, whose members are from outside the official justice institutions. This committee shall undertakes the comprehensive assessment and reform process and the treatment of the structural imbalance in the judiciary and the justice system. This, of course, should ensure the reconstruction and institutionalization of the Judicial Council; the independence of the Judicial Inspection Department; and the adoption of professional, transparent, and impartial standards in the recruitment, promotion, transfer, assignment, and accountability processes that take place within the judiciary and the justice system. 

The signatory coalitions and organizations

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); Institute of Law – Birzeit University; 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; Media Development Center- Birzeit University; 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; Birzeit University Workers Trade Union; Bethlehem University Workers Trade Union; FADOC Palestine; Progressive Labor Union Front Palestine; Labor Solidarity Group; 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; Financial Sector Workers Union; Union of Palestinian Pharmaceutical Manufacturers (UPPM); Private Health Sector Union; Union for Women Working in the Health Sector; Jerusalem Water Undertaking Workers Union; Tanwer Palestinian Cultural Forum; Fuad Nassar Organization.