HTML clipboard
| PCHR Palestinian Centre for Human Rights PRESS RELEASE |
|
Ref: 177/2004
Date: 16 December 2004
Time: 10:30 GMT
Establishment and Location of an Election Appeals Court Declared
After unjustified prolonged delay, the Higher Judicial Council of the Palestinian National Authority (PNA) declared the establishment of the Election Appeals Court, and specified its locations in the West Bank and Gaza Strip and its working hours. PCHR welcomes the establishment of the court and hopes it will ensure that the election will be free and impartial.
An independent judiciary is a basic guarantee for holding elections, as there must be a judicial body that can consider election conflicts. Article 35 of Law 13 of 1995 Relating to Elections provides that “the Election Appeals Court shall adjudicate on claims and appeals related to decisions taken by the Central Election Commission, or on any other decision subject to appeal before the Court, according to the provisions of this Law.” According to article 31 of the law, the Election Appeals Court is “formed by a President and four judges appointed by the President of the Palestinian National Authority in the Presidential Decree calling the elections.” The location of the court will be in one of the major Palestinian cities, and will have two offices for the reception of documents and consultation, one in the Gaza Strip and another in the West Bank (article 32).
Temporary President of the PNA Rawhi Fattouh issued a decree on 24 November 2004 establishing an election appeal court. The decree nominated a chairperson and 4 judges for the court. This step was important for the election process. However, the establishment of the court was delayed for no apparent reasons, and its location and branch offices were not specified. On 29 November 2004, Mr. Fattouh issued another decree substituting one of the judges with another judge. On 7 December 2004, the President of the PNA issued another decree on elections, substituting the chairperson of the court and two of its members.
As there was a confusion regarding the nomination of the judges of the court, the legal period declared by Central Election Commission to submit rejections and appeals against decisions taken by CEC ended on 9 December 2004, without the location and branch offices of the court having been specified. In two press releases issued on 5 and 9 December 2004, PCHR expressed astonishment by the slow procedures related to the establishment of the court, and called for specifying the location and branch offices of the court in the West Bank and Gaza Strip. The situation remained as such until Tuesday, 14 December 2004, when the local newspapers published an announcement by the Higher Judicial Council of the PNA declaring the establishment of the court, specifying its location and branch offices in Gaza and Ramallah, and deciding the working hours of the court to be between 08:00 and 20:00.
Even though the declaration of the establishment and location of the court came late, it is a crucial step in the election process, which PCHR welcomes. PCHR also hopes that the court will serve as a guarantee for fair and impartial elections.
“END”
Public Document
**************************************
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
