The Palestinian Human Rights Organizations Council (PHROC) follows up with a great interest the statement issued by the Palestinian Judges Club and the Palestinian Judges Association on Monday 11\1\2016 regarding the suggestion to amend the Judicial Authority law No. 1 issued in 2000. The Council values the role that the Judges Association and the Judges Club play in reinforcing the rule of law and the separation of powers, and in defending the need for judiciary independence and independent judges. Following the discussions and follow ups by the PHROC to discuss the latest updates since the issuance of the above mentioned statement, the Council asserts the following:
First: PHROC completely supports the statement issued by the Palestinian Judges Club and the Palestinian Judges Association considering them a civil institutional frame representing the Palestinian judges and expressing their aspirations and message.
Second: The Council affirms the necessity to respect and abide by the Basic Principles on the Independence of the Judiciary issued in 1985, and the International Guidelines on the Role of Prosecutors issued in 1990 for all matters related to the judiciary affairs and the guard of justice especially after the accession of the State of Palestine to many international conventions and their dues.
Third: The Council asserts its initial position rejecting any exceptional legislation that dismisses the role of the Palestinian civil organizations and that is not open for discussion by the social bodies to be revised and discussed sharing opinions about its different aspects and details before its adoption. The priority is given to the fundamental law concerned with the independence of the judiciary especially in the absence of the legislative council which owns the original constitutional authority in legislation and monitoring the performance of the executive authority.
Fourth: the Council is largely concerned with the timing of the suggestion to amend the judiciary law and its denotations which might affect the fundamental concept of the Rule of Law principle that may strip the legal rule of its generality and particularity; characteristics that guarantee its acceptance and longevity, fulfilling the public interest and reaching its aim in achieving equality through providing equal opportunities far from any personal interests.
Fifth: The Council regards the constitutional constraint in article (43) of the Amended Basic Law stating the necessity “that cannot be delayed” as an excuse to issue a decree to amend the judiciary law number (1) of year 2002 published in the Palestinian government gazette on 18\5\2002, nonexistent. The Council asks President Mahmoud Abbas not to issue the decree to ensure the status and the independence of the judiciary and to maintain the separation of powers principle.
Sixth: The Council affirms its support to the statement issued by the Palestinian Judges Club and the Palestinian Judges Association on 7\12\2015 regarding the vacancy in the position of the head of the Supreme Court. The Council recommends that the head of the Supreme Judicial Council be chosen for their integrity, competence, neutrality and independence in accordance with the law provisions which support the institutional formation and active performance in the judiciary, and guarantee valuing the Rule of Law and the independence of the judiciary.
Seventh: The Council calls for an urgent session for the general body of the Palestinian Legislative Council in Gaza and the West Bank in accordance with the assets mentioned in the amended Basic Law and the internal framework of the Legislative Council. Moreover, it asks to immediately end the disaster of the absence of the Legislative Council for more than eight years and to assume its constitutional duties in legislation and observing the performance of the Executive Authority which contributes to the restoration of the institutions unity and to restore the Palestinian political system until conducting the general elections as soon as possible and reviving the legislations.
-The End-