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Press Release

A Presidential Decree against law

Ref: 94/2002

Date: 7 July 2002

PCHR is deeply concerned about a decision taken by the President of the Palestinian National Authority (PNA), which considers the existing High Judiciary Council a 1-year term council.  PCHR considers the decision a violation of, and an attempt to undermine the terms of the Judiciary Law, allowing the continuation of the current situation without any change. 

According to Article 1 of a Presidential Decree issued on 28 June 2002, “the existing High Judiciary Council established in accordance with Presidential Decree (29) of 2002, is a temporary council pursuant to Article 81 of the Judiciary Law (1) of 2002.”  The council, according to Article 2 of the Presidential Decree “shall be in a state of continuous convention and shall have the same authorities mentioned in Article 37 of the new law and for one year beginning on 18 June 2002.”  The implementation of the decree is an attempt to be consistent with the Judiciary Law and to avoid non-committeemen to the time it specifies for the establishment of the temporary high judiciary council; its Article 81 provides that “a High Judiciary Council shall be established in one month after publishing the law in the official newspaper,” which actually happened on 18 May 2002.  Consequently, the temporary High Judiciary Council should have been established no later than 18 June 2002. 

The existing High Judiciary council, which the Presidential Decree provides its continuation in office, in its formation and the age of its membership contradicts the Judiciary Law.  Regarding its formation, there is no deputy for its head, and the membership devoted for the Undersecretary of Ministry of Justice was given to his assistant, in violation of Article 37 of the Judiciary Law.  In regard to the age of its members, a number of judges of the council are over 70, the age of retirement specified in Article 34.   The preamble of the Presidential Decree is apparently an attempt to justify this violation under the pretext of “the urgent need for judges who have long experience ..” to have some judges in office although they are over 70. 

PCHR is deeply concerned about the aforementioned Presidential Decree and calls upon the PNA to sincerely implement the Judiciary Law in word and spirit.  PCHR also calls for taking concrete steps, rather than cosmetic ones, to ensure reformation in the Palestinian judiciary and the promotion of the separation of authorities and the rule of law.