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Ref: 174/2004

Date: 09 December  2004

Time: 11:30 GMT

PCHR Is Astonished by the Slow Procedures Related to the Operation of the Election Appeal Court

President of the Palestinian National Authority (PNA) Rawhi Fattouh issued another decree making changes to the formation of the election appeal court without specifying its location and offices according to Law 13 of 1995 on elections.  PCHR is concerned for the non-completion of the procedures related to the operation of the court, which is supposed to consider rejections and appeals to cancel or amend decisions taken by the Palestinian Central Election Commission (CEC) and will consider cases for rejections and appeals, which  are allowed according to the law. 

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.  On 29 November 2004, Mr. Fattouh issued another decree substituting one of the judges with another judge.  According to article 32 of Law (13) of 1995 on elections, the court has its headquarters in one of the major cities and 2 branch offices in the West Bank and Gaza Strip.  However, the location and branch offices have not so far been specified.  PCHR has already criticized the slow procedures related to the establishment of the court, and the failure to specify its location and branch offices for candidates and citizens to be able to submit rejections and appeals against decisions made by the CEC. 

On Tuesday, 7 December 2004, the President of the PNA issued another decree (no number) on elections, substituting the chairperson of the court and 2 of its members. 

Even through the first presidential decree was issued 2 weeks ago, and the legal period declared by CEC to submit rejections and appeals against decisions taken by CEC, no practical measures have been taken to operate the election appeal court, and the location and branch offices of the court have not been specified, which has made it impossible for candidates and citizens to submit appeals and rejections, in violation of their right to appeal before a specialized judicial body. 

PCHR is astonished and concerned at this approach towards the operation of the election appeal court, whose existence is one of the guarantees of free, democratic elections.  PCHR calls upon the PNA and concerned bodies to specify a location and 2 branch offices for the court in the West Bank and Gaza Strip, and the ways through which judges can be contacted in order to allow citizens to submit rejections and appeals.  PCHR calls also for extending the period during which rejections and appeals are allowed.      

Public Document

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PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: [email protected], Webpage http://www.pchrgaza.org