PRESS RELEASE
A Group of Lawyers bring the Acting Council of the Palestinian Bar Association to the Palestinian High Court of Justice.
Ref.,: 60/2000
Date: 14th May, 2000
On 13th May 2000, seven Lawyers brought the Acting Council of the Palestinian Bar Association to the High Court in Gaza. The legal suit is based on the notice of the Acting Council suspending thirty one lawyers from practicing. The complaint was lodged by 6 lawyers from the PCHR and one lawyer from the West Bank:
- Raji Khader Sourani
- Iyad Mohammed Salah Al Alami
- Ibrahim Mohammed Sourani
- Fouad Saliba Tarazi
- Ashraf Nasralla
- Hanan Matar
7. Hanan Bakri (El Rayan)
The seven lawyers were represented by 2 of their number: Raji Sourani and Iyad Alami. The 2 lawyers requested the High Court to accept the legal suit and to require the Acting Council to clarify under the law the reasons for such suspension. Furthermore they requested the High Court to suspend the execution of the decision of the Acting Council until the High Court renders its ruling.
Raji Sourani and Iyad Al Alami made the following representation to the High Court:
- The seven lawyers are all registered with the Palestinian Bar Association as practicing lawyers, they have paid all the relevant professional fees to the Bar Association.
- On 10th May 2000, the Acting Council of the Palestinian Bar Association issued notices suspending the above mentioned practicing lawyers. Such notices were issued on 9th May 2000, stamped with the logo of the Bar Association without signature, the very last day of the legal period of the Acting Council.
- The notices of the Acting Council of the Palestinian Bar Association were based on article 7 of the Law on the Legal Profession, Law Three of 1999.
- In accordance with Law Three of 1999, the seven lawyers are registered as practicing lawyers with the Bar Association, their fees were paid, they are accredited by the Bar Association which enables them to appear before any Palestinian Court. No amendment was made in the Law which could legitimise the Acting Council to take such a decision.
- The Acting Council based its notices on the decision which cancelled the existing system of compulsory power of attorney “resident lawyers. Such decision was taken by the General Assembly of the Bar Association on 6th May 2000. However, the meeting of the General Assembly in itself was illegal as it contradicts article 37 of the Law Three of 1999, stating that the meeting of the General Assembly should be held yearly the last week of February. Accordingly, any decision resulting from such meeting is illegal.
- In any event, the decision to bring to an end the existing system of compulsory power of attorney “resident lawyers” requires ratification from the Minister of Justice and should be published in the Gazette.
- In light of the above it is clear that the voting for such a decision from the General Assembly was illegal. The Appointed Head of the Bar Association in his statement to some News Agencies explained that he suggested a vote and that created immediate reaction within the Assembly at the time, and in order to calm down the members he had no choice but to endorse the vote and close the meeting.
- In fact, the alleged decision of the General Assembly of the Bar Association which the Acting Council is referring to did not follow the legal requirements. No ratification of the decision was made as per the internal regulations of the Bar Association. The law gives the right to appeal and enable complaints against it until such a decision becomes final. Only after such a process has taken place, can it be used as a legal basis for a decision by the Bar Association.
The Palestinian Centre for Human Rights reiterates its condemnation of the illegal action taken by the Acting Council of the Palestinian Bar Association.
The Palestinian Centre for Human Rights and its lawyers will pursue its struggle, jointly with other human rights organisations, to promote a democratic and independent Bar Association, against any attempt of politicization.
“END”
