Ref: 123/2007

Date: 19 September  2007

Time: 11:30 GMT

Appointments in the Attorney-General’s Office in Gaza are a Continuation of Illegal Measures

PCHR is extremely concerned by the latest steps taken by the dismissed government in Gaza regarding the Attorney-General’s (AG) office. The Justice Minister in the government appointed an assistant AG to conduct the functions of the AG, who was dismissed by the government. In addition, the Justice Minister appointed a number of new AG assistants to perform the functions of the AG assistants who went on strike after dismissing the AG. The Centre affirms that these steps are illegal, and are a continuation of the illegal steps taken by the government against the AG. These measures seriously undermine the judicial authority.

Dr. Yusef El-Mansi, the Justice Minister in the dismissed government, issued a decision on 14 August 2007, suspending AG Ahmad El-Moghani from work under the pretext that his appointment was not legally conducted. The Centre condemned this step and affirmed that the AG was and still is legally authorized to perform his functions; and that the Justice Minister does not possess the authority to infringe upon the AG. The Centre stated that the decision seriously undermined the judicial authority (refer to PCHR’s press release dated 16 August for further details).

Continuing illegal measures against the AG, and in a flagrant violation of the AG’s person and immunity, the Executive Force raided the AG’s office on 16 August 2007 and assaulted the AG and detained him and his assistants. The Centre condemned this attack, and called for prosecuting the perpetrators. The Centre also renewed the call to the Justice Minister to rescind his decision to suspend the AG, and to take steps to preserve the integrity of the AG and his assistants.

As opposed to rescinding its illegal actions against the AG and his assistants so as to allow them to perform their duties, the dismissed government used the pretext that the AG’s office is not functioning to appoint an Assistant AG and new prosecutors.  On 29 August 2007, the new Assistant AG, Ismail Jaber, was sworn before the Justice Minister and in the presence of the Deputy PLC speaker, Dr. Ahmad Bahar. After this appointment, 8 prosecutors and 12 assistant prosecutors were appointed for 6 months. The new appointees are carrying out the functions of the AG and his assistants in the Gaza Strip.

The AG rejected these appointments in a statement issued on 3 September 2007, that stated that the AG’s office, “rejects all these illegal measures implemented by force that take the form of preventing staff of the AG’s office from entering their offices, and replacing them with others who do not represent public jurisdiction and are not its legal representatives.”

After the end of the judicial recess and resumption of court work, the serious ramifications of these illegal appoints started to appear in the judicial system. The judges refuse to work with the new Assistant AG and prosecutors. As a result, all punitive cases that the government is a party to are suspended. This includes arrests and extension of detention for prisoners held by the Executive Force, which undermines the judicial authority and its pillars.

In light of these developments, PCHR points that:

–         The appointment of the new Assistant AG and prosecutors are a continuation of illegal actions against the AG and his assistants.

–         Preventing the AG from performing his work meant to create a serious vacuum in the post, and consequently hinder the work of the judiciary and legal system in the OPT as a whole.

–         It is unacceptable to create a legal vacuum and then use this as a pretext for additional illegal measures.

–         The Centre reiterates the call to the dismissed government to rescind its illegal decision to suspend the AG, and to stop interfering in the work of the AG’s office. The decision to suspend the AG is a serious infringement that hinders the judiciary in an unprecedented way. The Centre restates that only the President has the authority to suspend the AG.

–         The Centre warns against dragging the AG’s office and the judiciary into the ongoing power struggle; and calls for neutralizing them from this struggle to preserve the interest of the people.

–         PCHR renews the call to the AG to announce his return to work in the Gaza Strip regardless of these illegal actions so as to ensure that no legal vacuum is created and to protect public interests.