2018-02-19

Ramallah

West Bank

His Excellency Chairman of the Palestinian Anti-Corruption Commission
Mr. Rafiq Al-Natsheh,

Subject: Failure to fulfill legal obligations of public service

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extend their warmest greetings, noting that we have received a copy of the memo sent in writing by Judge Abdullah Ghazlan, a Supreme Court judge and a member of the High Judicial Council, to several governmental and non-governmental bodies, including your Excellency as Chairman of the PACC. In his memo, Judge Ghazlan noted that the High Judicial Council stopped inviting him to the Council’s meetings, indicating that his membership in the Council has been suspended without legal foundation and in violation of Article (37) of the Judicial Authority Law, disregarding the will of the vast majority of the Supreme Court judges. The Council is meeting in the presence of eight members instead of nine, which also violates the provisions of Article (37) of the judicial Authority Law, and might deem the decisions of the Council null and void.

Furthermore, the memo referred to the official letter, dated 04/01/2018, and which the Supreme Court judges received from the Head of the High Judicial Council, in which he demanded them to select one of the Supreme Court judges to become a member of the High Judicial Council pursuant to Article (37/2/c) of the Judicial Authority Law No. (1) of 2002, and to inform the Council thereof. This indicates that the Council has ended Judge Abdullah Ghazlan’s membership by an administrative decision in violation of the rule of law. In addition, the said memo mentioned 20 judges who stated on 24/01/2018 in their reply to the High Judicial Council in writing that the plenary board of the Supreme Court had already elected Judge Abdullah Ghazlan, and that the board is the only body authorized to reverse this. The aforementioned judges demanded the Council to restore things by fulfilling their obligation in inviting Judge Abdullah Ghazlan to attend the meetings of the Council, in realization of the rule of law and the relevant by-laws. 

Nonetheless, the High Judicial Council turned a blind eye to the will of the plenary board of the Supreme Court, failing to abide by its obligations according to the law, which constitutes an infringement of the Basic Law, Article (100) in particular, as well as Article (37) of the Judicial Authority Law and the stipulated requirements for holding the Council’s meetings.
That being said, the action taken by the High Judicial Council against Judge Abdullah Ghazlan, in his capacity as member of the Council, indicates failure to fulfill the legal obligations of public service, which would also indicate a corruption offence.

As an independent, professional, and non-governmental watchdog organization, MUSAWA asks your Excellency, as the competent body in addressing any failure by public servants to abide by the provisions and requirements of the law, to take the necessary legal action regarding the matter at hand, in reference to Judge Abdullah Ghalzan’s letter, a copy of which is attached to this memo, and hoping to be informed of the action taken on your end as appropriate.

With all due respect,

Issued on 19/02/2018

Chairperson of MUSAWA’s Board of Directors
Dr. Talib Awad