Ref:
107/2003

PCHR
is very shocked by continued operation of state security courts although the
Palestinian Minster of Justice issued a decision abolishing them.  PCHR calls upon the Palestinian Authority and
the Palestinian Attorney General to immediately stop operation of these courts
and transfer all cases considered by them to relevant regular courts in
accordance of the ministerial decision. 

On
27 July 2003, Palestinian Minster of Justice ‘Abdul Karim Abu Salah issued a
decision abolishing the operations of state security courts and prosecution and
to transfer their powers to regular courts. 
Nevertheless, according to information available to PCHR, on Tuesday, 2
September 2003, the state security court in Gaza city held a session headed by
Judge ‘Abdul ‘Aziz Wadi to consider two cases, relevant to supplies, which are
under the authority of regular courts. 
According to a PCHR lawyer, who was present in the session, the session
was an opening one contrary to the prosecution’s claim that it resorted to the
state security court to complete procedures of a number of cases to save time
as cases take long times in regular courts. 

PCHR
condemns this breach of the decision taken by Minster of Justice, and reaffirms
that state security courts lack any constitutional basis and violate all
relevant laws approved by the Palestinian Legislative Council, particularly the
Judicial Authority Law, the Basic Law and Law of Court Formation.  PCHR reiterates its demands for President
Yasser Arafat to issue a presidential decree abolishing state security courts
and prosecution.  Since their
establishment in 1995, state security courts have disgraced the Palestinian
civil judiciary.  PCHR has rejected their
establishment and called for their abolishment, considering it a disgrace for
the Palestinian civil judiciary. 

PCHR
reiterates its call for the immediate abolishment of state security
courts.  PCHR also calls for
reconsidering sentences issued by these courts and transfer the cases to the
civil judiciary, in accordance with the Palestinian President’s decision to
merge state security prosecution into the general prosecution and the decision
taken by Minster of Justice to abolish state security courts.  PCHR calls upon the Palestinian Legislative
Council to meet its obligations and ensure respect for, and implementation of
the laws it had approved.