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| PCHR Palestinian Centre for Human Rights PRESS RELEASE |
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Ref: 55/2005
Date: 20 April 2005
Time: 10:30 GMT
A Sharia’ Judge Suspended for Criticizing the Sharia’ Judiciary
PCHR is deeply concerned at a recent decision of the Higher Council of Sharia’ Judiciary of the Palestinian National Authority (PNA) to suspend a Sharia’ judge in Gaza following a public statement in which he discussed the failings in the Sharia’ judiciary.
The Higher Council of Sharia’ Judiciary in a decision of 16 April 2005 suspended Dr. Hassan al-Jouju, Head of Gaza Sharia’ Appeal Court, pending an investigation into a public statement that he made. The biweekly Sawt al-Nisaa’ (Voice of Women) of Women’s Affairs Technical Committee quoted Dr. al-Joujo on 14 April 2005 as saying that “the Sharia’ judiciary suffers due to the lack of legislation that regulates its work, so chaos has spread.” Dr. al-Jouju added that “we work by God’s will.”
According to the decision taken by the Higher Council, Dr. al-Jouju “violated laws and rules and dared discuss the norms…” and that his statement “raises debates and undermines the prestige of the Sharia’ judiciary.”
It is notable that Sheikh Tayseer Tamimi, Head of the Higher Council of Sharia’ Judiciary, has himself criticized the administration of the Sharia’ courts. In a statement published in the weekly al-Raya on 30 January 2005, Sheikh Tamimi said that “there is a failure in the Sharia’ judiciary system which I make efforts to reform.” As an example of a financial failure, he stated that “some amounts of money are gathered, but do not go to the general treasury.” and further added that “I will continue my efforts of reform for which I was selected for this position together with Ministry of Finance and General Comptroller.”
The suspension of Dr. al-Jouju violates his right to free expression. The comments by Dr. al-Jouju come in light of the crucial need to promulgate modern legislation to organize the work of Sharia’ courts. The Law of Judicial Authority promulgated by the PNA in 2001 considers Sharia’ courts an integral part of Palestinian courts but does not detail the administration of the courts. Such details were supposed to be specified in a second law according to Article 6 of Law of Judicial Authority. However, to date no such law regulating the activities of the Sharia’ courts has been promulgated and these courts continue to work in accordance with antiquated laws, including those from the Ottoman era.
PCHR is concerned at the decision to suspend Dr. al-Jouju, and calls upon the Higher Council of Sharia’ Judiciary to reinstate Dr. al-Jouju and cease all other measures taken against Dr. al-Jouju. Further, PCHR calls also upon the PNA and the Palestinian Legislative Council to promulgate legislation to organize the work of Sharia’ courts and reform the Sharia’ judiciary to promote the independence of the judiciary.
Public Document
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For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 – 2825893
PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org
