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| PCHR Palestinian Centre for Human Rights PRESS RELEASE |
Ref: 131/2005
Date: 20 October 2005
Time: 12:00GMT
PCHR Organizes a Workshop on the Amended Law of Judicial Authority
PCHR organises workshop to resolve crises in the judiciary bringing together PNA officials, judges and civil society activists.
On Thursday morning, 20 October 2005, PCHR organized a workshop on the amended Law of Judicial Authority (Law 1 of 2002) in light of the ratification of the Law by the President of the Palestinian National Authority (PNA). Head of the Higher Judiciary Council Zauhair Sourani; Attorney General Ahmed al-Mughanni; representatives of the Council of Legislation; a number of judges, counselors, lawyers and prosecutors participated in the workshop. A number of members of the Palestinian Legislative Council (PLC) who were invited to the workshop did not come, excluding Rapporteur of the Legal Committee of the PLC Suleiman al-Roumi who participated in some of the discussions.
The workshop was held at PCHR’s offices in Gaza City. It was opened by Raji Sourani, Director of PCHR, who welcomed the attendants. He emphasized the importance of the subject as it is essential to the work of the judiciary. He stated that the goal of the workshop was to discuss and exchange opinions regarding the amended law and then reach conclusions and recommendations.
Head of the Higher Judiciary Council Zuhair Sourani criticized the new Judiciary law, asserting that it was not presented to the Higher Judiciary Council for approval.
“The ratified law did not take into consideration the draft law prepared by the Supervisory Committee for the Independence of the Judiciary established by a presidential decree” Zuhair Sourani stated.
He summed up the reservations of the Higher Judiciary Council to the law in two points: contradiction between the word of the law with that of the Basic Law, which prescribes the independence of the judiciary; and the formation of the Higher Judiciary Council which will become, in his point of view, a political body subjugated to the Executive, as the Prime Minister and Minister of Justice will nominate most of its members.
The Attorney General Ahmed al-Mughanni began his intervention with his astonishment by the law which was ratified by the President, while the Supervisory Committee for the Independence of the Judiciary was discussing a new draft law. He criticized the failure to present the draft law to the Higher Judiciary Council and expressed his reservation to the formation of the Higher Judiciary Council and the subjugation of the Attorney General to the Ministry of Justice instead of being part of the judiciary, as it was in the old law. However, he pointed out that the new law has some positive aspects, as it distinguished between the authorities of the Higher Judiciary Council and the Ministry of Justice.
Counselor Ishaq Muhanna asserted that the PLC approved the new law disregarding the draft law prepared by the Supervisory Committee for the Independence of the Judiciary. He pointed out that the new law authorizes the Prime Minister to form the Higher Judiciary Council, which gives the Executive the authority to control the judiciary, which he considered a serious constitutional breach. He also questioned the need to have a temporary Higher Judiciary Council as along as there is a council formed in accordance with the law. Mauhanna further asserted that there was no need at all for the new law, and instead there could be and executive bill for the implementation of the old law. He emphasized that the problems of the judiciary would not be solved with replacing or amending the law, rather they can be solved through increasing the number of judges, administrative staff and buildings of the judiciary.
Judge ‘Abdul Qader Jarada expressed his astonishment at the amendment of the old law. He pointed out that many countries had praised the old law. For instance, Egypt sought to amend its judicial law to be consistent with the old Palestinian law, which was replaced by an amended one that contains many contradictions.
Judge Zaher al-Saqqa started his speech asking:
“What does the PNA want? Does it want an independent judiciary or a subordinate one?” He pointed out that the new law deprives the judiciary of the three elements that any authority must have: budget; administration; and implementation.
Rapporteur of the PLC Legal Committee Suleiman al-Roumi explained the PLC’s point of view. He asserted that the need to amend the law emerged as there were differences among the Ministry of Justice, the Attorney General and the Higher Judiciary Council regarding the interpretation of many articles in the old law and the authorities of each of them. He added that the amendments do not damage the general principles that protect the independence of the judiciary.
At the end of the workshop, there was an agreement to hold another meeting with a number of PLC members to continue the discussion and reach conclusions regarding the steps to be taken.
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