2017-01-29

Ramallah

West Bank

The Prime Minister – Minister of Interior
Dr. Rami Al-Hamdallah,

Subject: Equality before the Law, and the Violation of a Constitutional Right 

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its best greetings and expresses that a complaint was lodged in writing on 23/01/2017 by a citizen named Mustafa Hassan Mustafa Mansour from Deir Istiya, stating that as a dentist he applied for a job at the Ministry of Health, and abiding by the application requirements he applied for a Certificate of Good Conduct. However, the competent authority refused to grant him the certificate following a recommendation by the Security Services.

We, MUSAWA, believe that it is unlawful for the relevant department to abstain from doing something that is required of them by the law without a legitimate reason. The presumption of innocence is a basis in this regard, and citizens are entitled to apply for whatever job they want. Therefore, in rejecting to give the complainant his certificate based on a recommendation by the Security Services the competent authorities prejudice the complainant’s rights, violate the provisions of the laws, and bring back the so-called security safety, which your esteemed government have ordered its abolishment. This is true in this particular case, as the complainant has never been convicted of any offence involving honor and righteousness. In view of that, the complainant is entitled to receive a document of good conduct and an official non-conviction certificate so that he is able to apply for the public employment/ job.

Accordingly, we hope that you would carefully examine this complaint and instruct the competent authorities at the Ministry of Interior or any other official body to provide the complainant with the requested document, as this represents a constitutional right that shall not be compromised.

With all due respect,

Issued on 29/01/2017

                            Chairman of MUSAWA’s Board of Directors
                                    Advocate Yasser Jaber             

•    Attached a copy of Mustafa Mansour’s complaint.