2020-05-30

West Bank and Gaza Strip

West Bank / Gaza / Announcement / position paper

For those Awaiting Reform: Occupying the Judicial Position according to the Transitional Council’s Way

MUSAWA has obtained a copy of a decision of the Transitional Judicial Council that includes the formation of a new committee for the appointment of judges at magistrates' courts. The committee is chaired by the head of the Judicial Inspection Department, and its membership is occupied by two members from the same department (all of the department except for its vice president), while the vast majority of its members are judges of the court of appeals in addition to one judge from the Supreme Court. The new formation involves excluding the competencies and capabilities of Supreme Court judges, that a legitimate question arises about who can examine and decide on any violation, infringement, or complaint that may be attributed to the committee or any of its members, given that the committee is formed by the same judges who occupy the presidency and membership of the Judicial Inspection Department. The latter has the jurisdiction to receive complaints and take the necessary measures in their regard. The question extends to why excluding supreme court judges with seniority and experience in the field, and why expanding the membership of the committee to five, including four appellate judges and one judge from the Supreme Court?

MUSAWA also has learned, from informed judicial sources, that the Transitional Judicial Council assigned three of its members to conduct interviews with members of the public prosecution, lawyers, and employees to appoint appellate judges and supreme court judges, headed by the head of the Transitional Council with the membership of Abdul Karim Hannoun and Muhammad Abu Sondos. This comes without announcing a competition or procedures and requirements for the interview, which is supposed to be entrusted to a committee of Supreme Court judges who are not members of the Council and should include conditions that must be met by the candidates, along with written and oral competition procedures, selection criteria or procedures and requirements for the interview. It is noteworthy that Mr. Muhammad Abu Sondos holds the position of Undersecretary of the Ministry of Justice and, before assuming his position in the Ministry, he was holding the position of a chief judge, while he is now in charge of appointing appellate judges and supreme court judges. It is reported that the Transitional Committee has not announced the results of its interviews yet.

The method of formation and the work of the two committees is an indication of the Transitional Council’s performance in the manner and mechanisms of occupying the judicial position, for those who were waiting for reform!

Issued on 30/5/2020

MUSAWA